BJP MP demands Uniform Civil Code in Rajya Sabha

[Novus ordu seclorum]

Rather than UCC we should deem Muslim personal law board illegal and pass laws amending and modernising the inheritance and personal laws of muslims.

Modern Hindu law refers to one of the personal law systems of India along with similar systems for Muslims, Sikhs, Parsis, and Christians.

Modern Hindu law - Wikipedia

en.m.wikipedia.org

 

[jamahir]

Rather than UCC we should deem Muslim personal law board illegal and pass laws amending and modernising the inheritance and personal laws of muslims.

1. Did you read post# 5 where it is given that the idea of contractual marriage for Hindus was incorporated in Hindu law in 1955 by deriving influence from Islamic marriage law from 1400 years ago ? But even now many Hindu females are not able to break off their marriage.

2. As for inheritance law, Islamic law for that was progressive 1400 years ago and gave right to the female to inherit from including : (a) From husband, (b) Parental estate and finance ( I say parental because the mother can also have self-acquired estate and finance ). Read this summary document from the Indian legal system on the Islamic inheritance law :

Muslim law of succession constitutes four sources of Islamic law –
1. The Holy Quran
2. The Sunna - that is, the practice of the Prophet
3. The Ijma - that is, the consensus of the learned men of the community on what should be the decision on a particular point
4. The Qiya - that is, an analogical deduction of what is right and just in accordance with the good principles laid down by God.

Muslim law recognizes two types of heirs, Sharers and Residuaries. Sharers are the ones who are entitled to a certain share in the deceased’s property and Residuaries would take up the share in the property that is left over after the sharers have taken their part.

Sharers :

The Sharers are 12 in number and are as follows: (1) Husband, (2) Wife, (3) Daughter, (4) Daughter of a son (or son's son or son's son and so on), (5) Father, (6) Paternal Grandfather, (7) Mother, (8) Grandmother on the male line, (9) Full sister (10) Consanguine sister (11) Uterine sister, and (12) Uterine brother.

The share taken by each sharer will vary in certain conditions. For instance, a wife takes 1/4th of share in a case where the couple is without lineal descendants, and a one-eighth share otherwise. A husband (in the case of succession to the wife's estate) takes a half share in a case where the couple is without lineal descendants, and a one-fourth share otherwise. A sole daughter takes a half share. Where the deceased has left behind more than one daughter, all daughters jointly take two-thirds.

If the deceased had left behind son(s) and daughter(s), then, the daughters cease to be sharers and become residuaries instead, with the residue being so distributed as to ensure that each son gets double of what each daughter gets.

Non-Testamentary and Testamentary succession under Muslim law :

In Non-testamentary succession, the Muslim Personal Law (Shariat) Application Act, 1937 gets applied. On the other hand, in case of a person who dies testate i.e. 2 one who has created his will before death, the inheritance is governed under the relevant Muslim Shariat Law as applicable to the Shias and the Sunnis.

In cases where the subject matter of property is an immovable property, situated in the state of West Bengal, Chennai and Bombay, the Muslims shall be bound by the Indian Succession Act, 1925. This exception is only for the purposes of testamentary succession.

Birthright :

Inheritance of property in Muslim law comes only after the death of a person, any child born into a Muslim family does not get his right to property on his birth. If an heir lives even after the death of the ancestor, he becomes a legal heir and is therefore entitled to a share in the property. However, if the apparent heir does not survive his ancestor, then no such right of inheritance or share in the property shall exist.

Distribution of the Property :

Under the Muslim law, distribution of property can be made in two ways – per capita or per strip distribution.

The per capita distribution method is majorly used in the Sunni law. According to this method, the estate left over by the ancestors gets equally distributed among the heirs. Therefore, the share of each person depends on the number of heirs.

The per strip distribution method is recognised in the Shia law. According to this method of property inheritance, the property gets distributed among the heirs according to the strip they belong to. Hence the quantum of their inheritance also depends upon the branch and the number of persons that belong to the branch.

Rights of females :

Muslim does not create any distinction between the rights of men and women. On the death of their ancestor, nothing can prevent both girl and boy child to become the legal heirs of inheritable property. However, it is generally found that the quantum of the share of a female heir is half of that of the male heirs. The reason 3 behind this is that under the Muslim law a female shall upon marriage receive mehr and maintenance from her husband whereas males will have only the property of the ancestors for inheritance. Also, males have the duty of maintaining their wife and children.

Widow’s right to succession :

Under Muslim law, no widow is excluded from the succession. A childless Muslim widow is entitled to one-fourth of the property of the deceased husband, after meeting his funeral and legal expenses and debts. However, a widow who has children or grandchildren is entitled to one-eighth of the deceased husband's property. If a Muslim man marries during an illness and subsequently dies of that medical condition without brief recovery or consummating the marriage, his widow has no right of inheritance. But if her ailing husband divorces her and afterwards, he dies from that illness, the widow's right to a share of inheritance continues until she remarries.

A Child in the Womb :

A child in the womb of its mother is competent to inherit provided it is born alive. A child in the embryo is regarded as a living person and, as such, the property vests immediately in that child. But, if such a child in the womb is not born alive, the share already vested in it is divested and, it is presumed as if there was no such heir (in the womb) at all.

Escheat :

Where a deceased Muslim has no legal heir under Muslim law, his properties are inherited by Government through the process of escheat.

Marriage under the Special Marriage Act, 1954 :

Where a Muslim contracts his marriage under the Special Marriage Act, 1954, he ceases to be a Muslim for purposes of inheritance. Accordingly, after the death of such a Muslim his (or her) properties do not devolve under Muslim law of inheritance. The inheritance of the properties of such Muslims is governed by the provisions of the Indian Succession Act, 1925 and Muslim law of inheritance is not applicable.

So the rights of the female in Islam came 1400 years ago but that of the Hindu female came only last century and that too derived from Islam. Islam marriage and inheritance law was progressive and modern 1400 years ago. Would you still want to ban them alone ?

However, I agree that the All India Muslim Personal Law Board should be illegal because the mullahs sitting in it are anything but Islamic.

 

[Novus ordu seclorum]

However, I agree that the All India Muslim Personal Law Board should be illegal because the mullahs sitting in it are anything but Islamic.

Can't make an institution illegal because you hate who is in it. At one time Roman Catholic church was sentencing people to be tortured to death because they didn't believe in their interpretation. The Church is still around though.

 

[jamahir]

Can't make an institution illegal because you hate who is in it. At one time Roman Catholic church was sentencing people to be tortured to death because they didn't believe in their interpretation. The Church is still around though.

Come on, how can you equate me, a progressive person, to that era Roman Catholic Church which was torturing people to death ? In fact you can easily equate the AIMPLB to that church though the AIMPLB is not torturing people to death not because it doesn't want to but because modern Indian law instituted after independence doesn't allow so.

 

[Novus ordu seclorum]

Come on, how can you equate me, a progressive person, to that era Roman Catholic Church which was torturing people to death ? In fact you can easily equate the AIMPLB to that church though the AIMPLB is not torturing people to death not because it doesn't want to but because modern Indian law instituted after independence doesn't allow so.

As a self proclaimed communist, your ideology wants to snatch people's rights and freedoms because you want to decide what others want. That is not progressive at all. It is similar to far right extremism, just on the opposite side.

 

[jamahir]

As a self proclaimed communist, your ideology wants to snatch people's rights and freedoms because you want to decide what others want. That is not progressive at all. It is similar to far right extremism, just on the opposite side.

1. On the contrary I only wish to enable a harmonious, serene and evolved political, socio-economic environment and technological. That is on a societal level.

2. On a semi-societal level please read this section from a post of mine about gender interaction ( the text is not complete ) :

3. In an evolved humanity career prostitution can be removed by bringing in a progressive socio-economic system where no one need struggle to live comfortably every month so nobody need find career prostitution as a way to survive. I present such a socio-economic system here. This system is for all humanity and for any rational and scientific profession and any violent, psychopathic tendency in males has to be crushed. And there has to be a balance in keeping sexuality present in society, allowing the female as much right to it as the male, but keeping it so that sex is not an in-your-face and everyday occurrence. There has to be some shyness, poetry and reasonable naughtiness remaining in people about interaction with the opposite gender. Look at lovely Gul Panra with her nice shyness. Non-every-day interaction should be present and relationships formed but with shyness and later passion present. And if you desire a particular female very much you should have the courage to haasil her ( haasil is a nice concise word ) through all non-violent means. You will also appreciate this kind of set up, yes ?

None of the above suggests me wanting to snatch people's freedoms.

 

[Rodeoface]

A small example, non-muslims are entitled to purchase, sell, consume liquor while for Muslims it is all illegal

And would you like UK to make a law that prohibits Muslims from consuming liquor ??
In UK we have one law
The UK Law
No one would make a different law for Muslims and yet Muslims are killing themselves crossing many countries to live in UK

but that of the Hindu female came only last century and that too derived from Islam.

More due to the Brits who were finally giving women rights under the activism of the Suffragettes who had struggled for decades.

 

[SuvarnaTeja]

www.timesnownews.com/india/uniform-civil-code-bjp-mp-harnath-singh-yadav-gives-zero-hour-notice-in-rajya-sabha-demanding-ucc-article-90346276/amp.

@jamahir @Joe Shearer @SuvarnaTeja @Madni Bappa

Indian Muslims need to mobilize now.

Pakistan needs to summon Indian envoy for such an Islamophobic act

UCC is the most dumb idea.

UCC harms Hindus than Muslims but dumb sanghis think they are sticking it up to the Muslims.

 

[jamahir]

More due to the Brits who were finally giving women rights under the activism of the Suffragettes who had struggled for decades.

That may be the apparent case may even have been part of the change making but if you read my post# 5 you will see that first the French and then the English got their progressive law regarding marriage from Islamic law.

 

[Bossman]

1. On the contrary I only wish to enable a harmonious, serene and evolved political, socio-economic environment and technological. That is on a societal level.

2. On a semi-societal level please read this section from a post of mine about gender interaction ( the text is not complete ) :



None of the above suggests me wanting to snatch people's freedoms.

You don’t know anything about Islam and despite being self proclaimed communist, you known even less about communism. You understanding is shallow and you just like wearing the label to feel important and have purpose in life.

 

[jamahir]

You don’t know anything about Islam and despite being self proclaimed communist, you known even less about communism. You understanding is shallow and you just like wearing the label to feel important and have purpose in life.

I submit to your superior understanding of humanity and of myself, my lord.

But try to reply to my posts in a logical and rational manner. Go to my thread in the 'Central & South Asia' section about the Indian female student who suicided.