How Uniform Civil Code (UCC) Protects Islamic Values
Hasan Mahmud - 01 August 2023.
Originally published in :- https://www.newageislam.com/islam-politics/uniform-civil-code-ucc-islamic-values-/d/130352
To begin with, my big thanks to Indian government for outlawing the evil Anti-Women Sharia law of Tin Talak (Instant Divorce) that destroyed countless Muslim women and defamed Islam. What our Alems should have done centuries ago is now done by a parliament dominated by non-Muslims. What a shameful irony !
Currently a tsunami of heated debates is flooding India after PM Narendra Modi expressed the government's plan to consider Uniform Civil Code, UCC. In this article we will see how UCC fully complies with Islamic spirit and command. Our guideline, (1) anything that oppresses innocent people, and/or (2) goes against the Quran must be rejected immediately because (1) Allah wants our life easy with religion (Quran 2:185 and 2 other verses) and (2) the Prophet (S) preached ONLY what Allah revealed to him (Quran 69:44-46 and 10 other verses).
Here are four of many examples of Sharia-Conspiracy against Muslim women that will be eliminated by UCC – (1) Tin Talak (already done), (2) witness of divorce, (3) unrestricted polygamy, and (4) women’s right to divorce. Some Muslim Imams are up against UCC because of the fear of losing their cruel grip on women. No wonder our Prophet (S) said “What I fear most respecting my people are their misleading Imams” – Sunan Ibn-e Majah Vol 5 Hadis 3952. BTW, scans of the pages of most of the references in this article can be sent on request in my messenger.
Example 1:- UCC is against Tin Talak. The evil Sharia law of Tin Talak (Instant Divorce) is legitimized in Hanafi law book ‘Hedaya’ page 353 and Shaf’i Law book ‘Umdat Al Salik’ authenticated by Al Azhar University, Law# n.3.5. Apart from destroying Muslim women and kids, this evil law violates the Quranic process of divorce that takes months to complete and gives the husband scope to cancel the divorce before completion. This law robs the husband of that Quranic right because he can’t cancel the divorce once he utters (or send text, leave voice message etc.) Tin Talak.
Example 2:- In UCC witness of divorce is mandatory. That is Quranic dictum too. Wife’s life and future depend on the status of divorce. In Sharia law the husband doesn’t need to keep witness of divorce (Codified Islamic Law Vol 1 Law# 344). That means he can claim that he divorced his wife, then claim just the opposite and repeat the cycle. Can we imagine the trauma the poor wife goes through? This evil Anti-women law is upfront Anti-Quranic; in chapter 65:2 Allah commands Muslims to keep 2 witnesses of divorce.
Example 3:- UCC bans polygamy. That is the dictum of the Quran and Prophet (S) too. Muslim men’s unrestricted right of polygamy brutally betrays the Quran and Prophet (S). I’d rather say, even if he doesn’t marry other women, his right to do so is violence against his wife. What the Prophet (S) did when his daughter Fatima (R) was hit by this possibility? Proof from Sahi Bukhari (translated by Dr. Muhsin Khan, Medina university:-
(A) Vol 4 Hadis 342:- “When Ali bin Abu Talib demanded the hand of the daughter of Abi Jahal to be his wife besides Fatima, I heard Allah's Apostle on his pulpit delivering a sermon in this connection before the people, and I had then attained my age of puberty. Allah's Apostle said, "Fatima is from me, and I am afraid she will be subjected to trials in her religion (because of jealousy)." The Prophet then mentioned one of his son-in-law who was from the tribe of 'Abu Shams, and he praised him as a good son-in-law, saying, "Whatever he said was the truth, and he promised me and fulfilled his promise. I do not make a legal thing illegal, nor do I make an illegal thing legal, but by Allah, the daughter of Allah's Apostle and the daughter of the enemy of Allah, (i.e. Abu Jahl) can never get together (as the wives of one man)”
(B) Vol 7 Hadis 157 :- “Narrated Al-Miswar bin Makhrama: I heard Allah's Apostle who was on the pulpit, saying, "Banu Hisham bin Al-Mughira have requested me to allow them to marry their daughter to Ali bin Abu Talib, but I don't give permission, and will not give permission unless 'Ali bin Abi Talib divorces my daughter in order to marry their daughter, because Fatima is a part of my body, and I hate what she hates to see, and what hurts her, hurts me."
Obviously, he couldn’t have stopped Ali (R) and Fatima (R) couldn’t have objected to his polygamy if Allah allowed it. They simply followed the Quran which allows polygamy with the specific condition in Nisa 3:-
“If you fear that you might not treat the orphans justly, then marry the women that seem good to you: two, or three, or four. If you fear that you will not be able to treat them justly, then marry (only) one, or marry from among those whom your right hands possess”- Mawdudi.
The verse was revealed when in Ohud battle many Sahabis were killed, and welfare of their orphan daughters became an issue.
(C ) Context of the verse is in Vol 7 Hadis 35:- “Narrated Aisha (4.3) It is about the orphan girl who is in the custody of a man who is her guardian, and he intends to marry her because of her wealth, but he treats her badly and does not manage her property fairly and honestly”.
(D) The book “Asbāb al-Nuzūl” of Alī ibn Ahmad al-Wāhid (10th century) is an authentic book on contexts of Quranic verses. Its page 48 also records the context of the polygamy verse 4:3 :- “This was revealed about any custodian under whose care is a female orphan who possesses some wealth and does not have anyone to defend her rights. The custodian refuses to give this orphan in marriage out of greed for her money, harms her and treats her badly”.
So, we see, the permission of polygamy is strongly locked with the welfare of orphans. It does not apply where the issue of orphans does not exist. It was a brutal criminal act of patriarchy to unlock it from issue of orphans and open the door of polygamy to men as they wish. Supporters of unrestricted polygamy use 8 arguments; all of which are baseless. Their strongest arguments is - women outnumber men in the world. That is a bogus claim. Goole- search of “male female ratio in world 2022” states:- “The Global sex ratio is 1.018. It means that we have slightly more men than women”.
Example 4:- In UCC both men and women have equal right to divorce. That is the instruction of the Quran and Prophet (S) too. In Sharia law only husband has the right to divorce. Women must apply to the Sharia court to get divorce; This is KHULA law. The judge negotiates with the husband to convince him to grant divorce. Often, it takes years to complete, she must run around with jobs, kids, court and pay the lawyer, meanwhile the husband can remarry but she can’t, he puts a price for granting divorce such as money or custody of children etc.
Nowhere the Prophet (S) or the Quran forced women to continue marriage against their will. Rather, they gave women absolute right to divorce without depending on anyone even if it went against the wish of the Prophet(S) himself. That is why Egyptian law allows divorce to the wife if she returns the dowry and waives all financial rights against her husband. Proof from Sahi Bukhari translated by Dr. Muhsin Khan, Medina university:-
(A) Vol 7 Hadis 206:- Narrated Ibn 'Abbas: Barira's husband was a slave called Mughith, as if I am seeing him now, going behind Barira and weeping with his tears flowing down his beard. The Prophet said to 'Abbas, "O 'Abbas ! are you not astonished at the love of Mughith for Barira and the hatred of Barira for Mughith?" The Prophet then said to Barira, "Why don't you return to him?" She said, "O Allah's Apostle! Do you order me to do so?" He said, "No, I only intercede for him." She said, "I am not in need of him."
Prophet (S) granted her divorce - page 271 of the Quran translated by Mawlana Muhiuddin Khan.
(B) Vol 7 Hadis 199:- Narrated Ibn 'Abbas: The wife of Thabit bin Qais bin Shammas came to the Prophet and said, "O Allah's Apostle! I do not blame Thabit for any defects in his character or his religion, but I am afraid that I (being a Muslim) may become unthankful for Allah's Blessings." On that, Allah's Apostle said (to her), 'Will you return his garden to him?" She said, "Yes." So she returned his garden to him and the Prophet told him to divorce her.
(C) Vol 7 Hadis 188 -- Narrated 'Aisha: Allah's Apostle gave us the option (to remain with him or to be divorced) and we selected Allah and His Apostle. So, giving us that option was not regarded as divorce.
(D) This Hadis is related to chapter Al Ahzab verse 28:- “O Prophet! Say to your wives, “If you desire the life of this world and its luxury, then come, I will give you a ˹suitable˺ compensation ˹for divorce˺ and let you go graciously.”
(E) Quran chapter Nisa verse 19 :- “O believers! It is not permissible for you to inherit women against their will”. Explanation in Quran.com:- “For example, a man would prevent a female relative (such as his sister or mother) from getting married so he can secure her estate for himself“ .
UCC will stop all kinds of women-oppressions in the name of Islam as shown in the examples above. The process will surely be very complex due to the colossal diversity of people and culture. But there is no alternative; all civilized countries went through it and society immensely benefitted. Muslims should not be over-sensitive about it, we Muslims live perfect Islamic life in Canada and West under UCC.