UCC: Law panel sees Sharia laws through the lens of gender justice

New Delhi: As part of its effort to formulate recommendations for a uniform civil code (UCC), the Law Commission of India, has sought the views of Muslim groups on seven major issues including custody of children, inheritance and adoption. According to sources, the commission has also asked Muslim groups to recommend a model Nikahnama and Talaqnama that can be implemented uniformly across India.

Looking into the Sharia laws through the lens of gender justice, the panel has asked Muslims groups why women have been denied certain rights. It asked why a mother is not allowed to be the natural guardian. The panel also cited the differences in the interpretation of Hanafi, Shafa’i, Maliki or Hanbali law. It sought detailed legal opinions on daughters inheriting half the share of what sons inherit.

The Commission is headed by Justice B S Chauhan. The panel has consulted with over 30 individuals and religious institutions including former law minister Salman Khurshid, BJP leader and lawyer A K Upadhyay, All India Muslim Personal Law Board. The panel has also sought opinions on maintenance and share in the property to the wife and children of a predeceased son. The Commission also asked about the duty of the father and father-in-law in maintenance to a widow and her children.

The panel is said to have asked stakeholders to submit citations from the Quran or Hadees about the circumstances under which daughters and sons can inherit property equally. Besides, it asked Muslim groups to cite different precedents where the “best interest of the child would prevail” in the issue of custody of children.

The panel also sought opinions on whether there are dar-ul-qaza (Islamic court) judgments in which the best interest of the child would prevail.

The commission has also sought opinions on maintenance and share in the property to the wife and children of a predeceased son.
The panel also sought opinions on whether there are dar-ul-qaza (Islamic court) judgments in which the best interest of the child would prevail.