In a step that has sparked widespread controversy, the Indian state of Uttarakhand, ruled by the Bharatiya Janata Party (BJP), has begun implementing the Unified Civil Code (UCC). This law aims to unify regulations concerning marriage, divorce, and inheritance across all religions and communities. The government claims that this law promotes equality and eliminates gender discrimination. However, opponents, led by the All India Muslim Scholars Association, view it as a direct targeting of Muslims and a violation of their religious rights.

 What is the Unified Civil Code?

The Unified Civil Code is legislation that seeks to unify civil laws for all citizens regardless of their religious affiliations. Currently, personal status laws in India are governed by separate religious laws; Muslims follow Islamic Sharia for marriage, divorce, and inheritance issues, while Hindus, Christians, and other religions adhere to their own laws.

According to the government, the new law aims to:

- End polygamy, especially within the Muslim community.

- Mandate divorce through civil courts instead of verbal divorce.

- Standardize inheritance laws so that sons and daughters have equal rights.

- Require couples in informal relationships (such as customary marriages) to register their relationships, or face legal penalties.

 Reactions to the New Law

- Government: Promoting Social Justice or Political Manipulation?

Uttarakhand Chief Minister Pushkar Singh Dhami strongly defended the law, stating it does not target any religion but aims to "eliminate harmful social practices" and promote women's rights. Supporters of the law believe that its application across all religious communities will lead to a more equal society.

However, many analysts view this move as part of a political agenda of the BJP, which seeks to erase the religious identities of Muslims and Christians through the imposition of laws that favor the Hindu community.

-  All India Muslim Scholars Association and Legal Challenge:

The All India Muslim Scholars Association, regarded as one of the largest and oldest Islamic organizations in the country, considered this law an infringement on the religious freedom of Muslims and decided to file a lawsuit challenging it in the Uttarakhand High Court and the Supreme Court of India. The association stated: "This law is specifically designed to undermine Islamic Sharia and weaken the rights of Muslims in India. It is part of a discriminatory policy aimed at forcibly integrating Muslims into Hindu majority laws, which constitutes a clear violation of the Indian Constitution that guarantees the freedom of belief and religious practice."

The legal arguments presented by the association include:

1. Unconstitutionality of the Law:

 It contradicts Article 25 of the Indian Constitution, which guarantees the freedom to practice religious rituals.

2. Unfair Targeting of Muslims:

 The law specifically focuses on ending polygamy in Islam, while ignoring discriminatory practices in Hindu laws, such as inheritance systems that favor males.

3. Forcing Muslims to Abide by Non-Islamic Laws:

 Particularly concerning divorce and inheritance, which constitutes a violation of Islamic Sharia.

Why do Muslims consider this law discriminatory?

1- Targeting Islamic laws:

The law did not include any review of personal status laws for Hindus, such as prioritizing the father in custody of children, but focused instead on polygamy and Islamic divorce.

2- Undermining legal pluralism:

India is a religiously diverse country, and each community has had its own laws for decades. The implementation of a uniform civil law obscures this diversity and forces minorities to adapt to the laws of the majority.

3- Forcing Muslims to change their religious traditions:

Especially regarding inheritance, as the new law imposes rules for dividing inheritance equally between males and females, which contradicts Islamic Sharia provisions.

4- Creating social tensions:

The law deepens feelings of discrimination and exclusion among Muslims, which may lead to increasing communal tensions.

The potential impact of the law on the Islamic community in India

1- Rights of Muslim women:

Although the law promotes itself as a reform in favor of women, it imposes restrictions on Muslim women who were benefiting from Islamic Sharia provisions in matters of divorce and maintenance.

2- Problems with marriage documentation:

The new law makes customary marriages illegal, which may create significant issues for Muslim families that rely on this form of marriage.

3- State intervention in religious affairs:

Muslims in India see this law as an attempt to forcibly integrate them into Hindu laws, threatening the privacy of their legal system.

4- Possibility of escalating legal disputes:

With the likelihood of more cases being filed challenging the law, we may witness a prolonged judicial crisis regarding its constitutionality.

Prospects for legal challenge and the position of the Supreme Court

As the debate surrounding the law intensifies, the Indian Supreme Court is expected to consider challenges presented by the All India Muslim Personal Law Board and other rights organizations. Although the court may uphold the law based on the principle of "public interest," opponents hope it will take into account its violations of religious minorities' rights.

What are the possible scenarios?

1- Partial or total annulment of the law:

If deemed unconstitutional by the court.

2- Amending it to align with minority rights:

Such as granting Muslims some exceptions regarding marriage and divorce.

3- Upholding it fully:

Which may lead to more political and religious tensions.

The application of the uniform civil law in Uttarakhand poses a significant challenge to the future of legal pluralism in India. While the government claims the law promotes equality, the manner in which it was drafted and implemented reflects a clear targeting of Muslims, reinforcing feelings of discrimination and marginalization.

If this law is not reviewed to be more inclusive and respectful of the cultural and religious diversity in India, it may lead to increased communal tensions and a growing sense of disenfranchisement among minorities. Ultimately, true equality does not emerge from imposing uniform laws without considering cultural and religious differences, but through dialogue and understanding among all segments of society.