By
Hasan Mahmud, New Age Islam
1 August
2023
To begin
with, my big thanks to Indian government for outlawing the evil Anti-Women
Sharia law of Teen Talaq (Instant Divorce) that destroyed countless
Muslim women and defamed Islam. What our Alems should have done centuries ago
is now done by a parliament dominated by non-Muslims. What a shameful irony!
Currently a
tsunami of heated debates is flooding India after PM Narendra Modi expressed
the government's plan to consider Uniform Civil Code, UCC. In this article we
will see how UCC fully complies with Islamic spirit and command. Our guideline,
(1) anything that oppresses innocent people, and/or (2) goes against the Quran
must be rejected immediately because (1) Allah wants our life easy with
religion (Quran 2:185 and 2 other verses) and (2) the Prophet (S) preached ONLY
what Allah revealed to him (Quran 69:44-46 and 10 other verses).
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Read: Is The Political
Climate Of The Country Conducive To Enact A Uniform Civil Code?
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Here are
four of many examples of Sharia-Conspiracy against Muslim women that will be
eliminated by UCC – (1) Teen Talaq (already done), (2) witness of divorce, (3)
unrestricted polygamy, and (4) women’s right to divorce. Some Muslim Imams are
up against UCC because of the fear of losing their cruel grip on women. No
wonder our Prophet (S) said “What I fear most respecTeeng my people are their
misleading Imams” – Sunan Ibn-e Majah Vol 5 Hadis 3952. BTW, scans of the pages
of most of the references in this article can be sent on request in my
messenger.
Example 1: - UCC is against Teen Talaq. The
evil Sharia law of Teen Talaq (Instant Divorce) is legitimized in Hanafi law book
‘Hedaya’ page 353 and Shaf’i Law book ‘Umdat Al Salik’ authenticated by Al
Azhar University, Law# n.3.5. Apart from destroying Muslim women and kids, this
evil law violates the Quranic process of divorce that takes months to complete
and gives the husband scope to cancel the divorce before completion. This law
robs the husband of that Quranic right because he can’t cancel the divorce once
he utters (or send text, leave voice message etc.) Teen Talaq.
Example 2: - In UCC witness of divorce is
mandatory. That is Quranic dictum too. Wife’s life and future depend on the
status of divorce. In Sharia law the husband doesn’t need to keep witness of
divorce (Codified Islamic Law Vol 1 Law# 344). That means he can claim that he
divorced his wife, then claim just the opposite and repeat the cycle. Can we
imagine the trauma the poor wife goes through? This evil Anti-women law is
upfront Anti-Quranic; in chapter 65:2 Allah commands Muslims to keep 2
witnesses of divorce.
Example 3: - UCC bans polygamy. That is the
dictum of the Quran and Prophet (S) too. Muslim men’s unrestricted right of
polygamy brutally betrays the Quran and Prophet (S). I’d rather say, even if he
doesn’t marry other women, his right to do so is violence against his wife.
What the Prophet (S) did when his daughter Fatima (R) was hit by this
possibility? Proof from Sahi Bukhari (translated by Dr. Muhsin Khan, Medina university:
-
(A)
Vol 4 Hadis 342: - “When Ali bin Abu Talib demanded the hand of the daughter of
Abi Jahal to be his wife besides Fatima, I heard Allah's Apostle on his pulpit
delivering a sermon in this connection before the people, and I had then
attained my age of puberty. Allah's Apostle said, "Fatima is from me, and
I am afraid she will be subjected to trials in her religion (because of
jealousy)." The Prophet then mentioned one of his sons-in-law who was from
the tribe of 'Abu Shams, and he praised him as a good son-in-law, saying,
"Whatever he said was the truth, and he promised me and fulfilled his
promise. I do not make a legal thing illegal, nor do I make an illegal thing
legal, but by Allah, the daughter of Allah's Apostle and the daughter of the
enemy of Allah, (i.e., Abu Jahl) can never get together (as the wives of one
man)”
(B)
Vol 7 Hadis 157 :- “Narrated Al-Miswar bin Makhrama: I heard Allah's Apostle
who was on the pulpit, saying, "Banu Hisham bin Al-Mughira have requested
me to allow them to marry their daughter to Ali bin Abu Talib, but I don't give
permission, and will not give permission unless 'Ali bin Abi Talib divorces my
daughter in order to marry their daughter, because Fatima is a part of my body,
and I hate what she hates to see, and what hurts her, hurts me."
Obviously,
he couldn’t have stopped Ali (R) and Fatima (R) couldn’t have objected to his
polygamy if Allah allowed it. They simply followed the Quran which allows
polygamy with the specific condition in Nisa 3: -
“If you
fear that you might not treat the orphans justly, then marry the women that
seem good to you: two, or three, or four. If you fear that you will not be able
to treat them justly, then marry (only) one, or marry from among those whom
your right hands possess”- Maududi.
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Read: In Case of a Uniform
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The verse
was revealed when in Ohud battle many Sahabis were killed, and welfare of their
orphan daughters became an issue.
(C) Context of the verse is in Vol 7
Hadis 35: - “Narrated Aisha (4.3) It is about the orphan girl who is in the
custody of a man who is her guardian, and he intends to marry her because of
her wealth, but he treats her badly and does not manage her property fairly and
honestly”.
(D)
The book “Asbāb al-Nuzūl” of Alī ibn Ahmad al-Wāhid (10th century) is an
authentic book on contexts of Quranic verses. Its page 48 also records the
context of the polygamy verse 4:3: - “This was revealed about any custodian under
whose care is a female orphan who possesses some wealth and does not have
anyone to defend her rights. The custodian refuses to give this orphan in
marriage out of greed for her money, harms her and treats her badly”.
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Read: Demystifying The Uniform
Civil Code
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So, we see,
the permission of polygamy is strongly locked with the welfare of orphans. It
does not apply where the issue of orphans does not exist. It was a brutal
criminal act of patriarchy to unlock it from issue of orphans and open the door
of polygamy to men as they wish. Supporters of unrestricted polygamy use 8
arguments; all of which are baseless. Their strongest arguments is - women
outnumber men in the world. That is a bogus claim. Goole- search of “male
female ratio in world 2022” states: - “The Global sex ratio is 1.018. It means
that we have slightly more men than women”.
Example 4: - In UCC both men and women have
equal right to divorce. That is the instruction of the Quran and Prophet (S)
too. In Sharia law only husband has the right to divorce. Women must apply to
the Sharia court to get divorce; This is KHULA law. The judge negotiates with
the husband to convince him to grant divorce. Often, it takes years to
complete, she must run around with jobs, kids, court and pay the lawyer,
meanwhile the husband can remarry but she can’t, he puts a price for granTeeng
divorce such as money or custody of children etc.
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Also
Read: Why Critics Of
Uniform Civil Code Should Come Up With Better Arguments
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Nowhere the
Prophet (S) or the Quran forced women to conTeenue marriage against their will.
Rather, they gave women absolute right to divorce without depending on anyone even
if it went against the wish of the Prophet(S) himself. That is why Egyptian law
allows divorce to the wife if she returns the dowry and waives all financial
rights against her husband. Proof from Sahi Bukhari translated by Dr. Muhsin
Khan, Medina university:-
(A)
Vol 7 Hadis 206: - Narrated Ibn 'Abbas: Barira's husband was a slave called
Mughith, as if I am seeing him now, going behind Barira and weeping with his
tears flowing down his beard. The Prophet said to 'Abbas, "O 'Abbas! are
you not astonished at the love of Mughith for Barira and the hatred of Barira
for Mughith?" The Prophet then said to Barira, "Why don't you return
to him?" She said, "O Allah's Apostle! Do you order me to do
so?" He said, "No, I only intercede for him." She said, "I
am not in need of him."
Prophet (S)
granted her divorce - page 271 of the Quran translated by Mawlana Muhiuddin
Khan.
(B) Vol
7 Hadis 199: - Narrated Ibn 'Abbas: The wife of Thabit bin Qais bin Shammas
came to the Prophet and said, "O Allah's Apostle! I do not blame Thabit
for any defects in his character or his religion, but I am afraid that I (being
a Muslim) may become unthankful for Allah's Blessings." On that, Allah's
Apostle said (to her), 'Will you return his garden to him?" She said,
"Yes." So she returned his garden to him and the Prophet told him to
divorce her.
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Read: Why Arshad Madani is
wrong on the Uniform Civil Code
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(C)
Vol 7 Hadis 188 -- Narrated 'Aisha: Allah's Apostle gave us the option (to
remain with him or to be divorced) and we selected Allah and His Apostle. So,
giving us that option was not regarded as divorce.
(D)
This Hadis is related to chapter Al Ahzab verse 28:- “O Prophet! Say to your
wives, “If you desire the life of this world and its luxury, then come, I will
give you a ˹suitable˺ compensation ˹for divorce˺ and let you go graciously.”
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A Uniform Civil Code, Not A Common Civil Code
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(E) Quran
chapter Nisa verse 19: - “O believers! It is not permissible for you to inherit
women against their will”. Explanation
in Quran.com:- “For example, a man would prevent a female relative (such as his
sister or mother) from getTeeng married so he can secure her estate for
himself“ .
Conclusion:
-
UCC will
stop all kinds of women-oppressions in the name of Islam as shown in the
examples above. The process will surely be very complex due to the colossal
diversity of people and culture. But there is no alternative; all civilized
countries went through it and society immensely benefitted. Muslims should not
be over-sensitive about it, we Muslims live perfect Islamic life in Canada and
West under UCC.
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Also
Read: Will the Uniform
Civil Code Be the Modern Deen-e-Ilahi?
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-----
Hasan
Mahmud is a veteran researcher-author on Political Islam. He is one of the
founding members of MRM – “Muslim Reform Movement”; he was in the advisory
board of World Muslim Congress, the Director of Sharia Law of Muslim Canadian
Congress and few other organizations. He authored thousands of articles, 4
books and 4 docu-movies critical to Sharia law. This article is from a chapter
of his book – “How Sharia-Ism Hijacked Islam: The Problem, Prognosis and
Prescription”.
URL: https://newageislam.com/islam-politics/uniform-civil-code-ucc-islamic-values-/d/130352
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