Uniform civil code: will it work in India? Even this section had the right under laws such as the Cutchi Memons Act, 1. Mahomedan Inheritance Act (II of 1. Mahomedan Law”. As for a majority of Muslims, there is enough evidence to show they followed Muslim law, not the Hindu civil code. The highest criminal court of this system, Sadr Nizamat Adalat, was assisted by the chief qazi of the district and two muftis. In cases pertaining to Muslims it had to apply Islamic law as per the fatwas of these law officers, which were binding on the court. The British judges had to wait till 1. Rudolph Peters: Crime and Punishment in Islamic Law). Even when the Indian Penal Code was enacted in 1. Muslim personal laws were left untouched. For example, as per prevailing custom, property received by a woman as inheritance or gift was not hers and had to be given back to the heirs of the last male owner . Mulla, Principles of Mahomedan Law. As such customs deprived Muslim women of their property rights in Islam, Muslims wanted only Muslim law to be made applicable to them. Act of 1. 93. 7. The Shariat Act of 1. The debate on the Uniform Civil Code in India has passed through three phases which have been grounded in different. The Economic and Political Weekly.The Goa civil code is largely. It repealed all such provisions in earlier legislation that permitted custom to override . But the British did not impose this Act on all Muslims. It was made applicable (per Section 3) only to those Muslims who declared in writing their intent to come under it. This explodes the myth that it sought to divide Indians on communal lines. In fact, the heterogeneity of Hindu law itself is such that even the possibility of a uniform Hindu code is ruled out. Uniform civil code is the proposal to replace the personal laws based on the. The Goa Family Law, is the set of civil. Do Not Confuse Religion with Personal Law By Express News Service nie. Article 44 of the Constitution expressly directs that the State shall endeavour to bring a Uniform Civil Code throughout the. Common Civil Code, which is prevalent in Goa, is held in high regard because of the presumed role it has played in enhancing the status of women through the provisions for equal property rights. For instance, according to the saptapadhi form of marriage that is followed mostly in northern India, the marriage is deemed to be complete and binding when the couple take seven steps around the sacred fire. Under these, the marriage is valid if the parties to the marriage declare in the presence of relatives that they are marrying each other, or if they garland each other, or put a ring on each other’s fingers or if the bridegroom ties a thali around the neck on the bride. Rites and ceremonies. Also, for a marriage to be valid under Hindu law it has to be solemnised in accordance with the customary rites and ceremonies of at least one of the parties. Thus, if a Jain marries a Buddhist by performing the rites of a Sikh, the marriage is invalid (Sakuntala v Nilakantha 1. Mah LR 3. 1, cited in Family Law by Paras Divan). In Muslim law there are no elaborate rites or ceremonies, but Sunni and Shia practices differ. India already has an optional civil code in the form of the Special Marriages Act, 1. This, read with similar Acts such as the Indian Succession Act, 1.
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