Muslim personal law and uniform civil code:
Justice B Kemal Pasha, a sitting judge of the Kerala High Court, was recently in the spotlight for comments made at a seminar. He called for the reforms of Muslim personal law and asked why a muslim woman can't have four husbands.
Yes, of course, if a muslim man can have four wives at a time then why not a muslim woman or is it what u call equality?
In history, the polygamy was permissible only due to the need of the society at that time but the Quran and Hadis should be read in the context of the time we are living in and polygamy can't be stretched as a license in the modern days.
Moreover, the concept of tripal talaq- just uttering "talaq" three times from the husband's mouth leads to the dissolution of marriage and leads a girl to lose her everything in a single moment.There is need for total ban on oral/unilateral talaq.
" Life without discipline and uniformity is just like the Indian police job."
These deficiencies of the personal law are not only a subject of codification but what we really need is a "Uniform Civil Code". Uniform civil code is the proposal to replace the personal laws based on religion with a common set governing every citizen. In fact article 44 of the Indian constitution has provision for this as well.
And why not? If there is a criminal code which is applicable to all irrespective of religion, caste, tribe & domicile in the country, then why there is no similar code for dealing divorce, succession, etc.
There is nothing wrong with change, if it is in the right direction. We need change in the system and for this we need to bring change in our rigid thoughts regarding religion and women.
We are a united country and for this country we need uniformity of civil codes.......because unity without uniformity is like community without conformity.
About The Author:
Shahina khatoon is a 2nd year student of BA.LLB(Hons) , Punjab School of Law, Punjabi University, Patiala.
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