Team Clarion
NEW DELHI — Jamiat Ulama-i-Hind, a prominent Muslim organisation, has filed a petition in Nainital High Court on Wednesday challenging the implementation of the Uniform Civil Code (UCC) in Uttarakhand.
The Uniform Civil Code (UCC) was implemented in Uttarakhand last month.
Condemning the implementation of UCC which goes against the fundamental rights enshrined in the Constitutio, Jamiat Ulama-i-Hind, on the advice of its president Maulana Arshad Madani, submitted a petition and mentioned the matter before the Chief Justice of Uttarakhand. The case is expected to be heard later this week.
Senior Advocate of Supreme court Kapil Sibbal will represent this important case in the Court on behalf of Jamiat Ulama-i-Hind.
Maulana Arshad Madani said that they approached the court with the hope of receiving justice in order to uphold the Constitution of the country, democracy, and the supremacy of law. He emphasised that courts remain their last resort.
“We will not accept any law that is against Shariah. Muslims can compromise on many things, but never on their Shariah and religion. This is not just about Muslim existence but also their Constitutional rights. The government is attempting to take away the rights granted to Muslims through the UCC,” he asserted.
He argued that the implementation of UCC conflicts with fundamental rights enshrined in the Constitution. “The issue is not just about Muslim personal law, but about preserving the secular fabric of the country. India is a secular nation, meaning the government has no religion, and people are free to follow any faith,” he said.
The current government wants to take away the rights granted to Muslims by the Constitution of the country through the implementation of the Uniform Civil Code Act, Jamiat chief said in a statement.
“According to Muslim faith, our family laws are not man-made, but are derived from the Quran and Hadith. For those who do not wish to follow any religious personal laws, there is already an optional civil code in the country. So, what is the need for a Uniform Civil Code?” Maulana questioned.
Madani also contended that the UCC is detrimental to the country’s unity and integrity. He pointed out that while Article 44 is cited as the basis for UCC, it is only a directive principle and not a binding provision. Meanwhile, Articles 25, 26, and 29, which guarantee religious freedom, are being ignored. The Shariat Application Act of 1937 also protects Muslim personal law.
“The government insists that one country should have one law, yet we already have variations in IPC, CrPC, and even cow slaughter laws across states. The idea that there cannot be two laws under one system is flawed,” Maulana Madani emphasised.