Can Muslims follow the secular law of the country? Why did the Supreme Court ask the Center this question!

New Delhi: The Uniform Civil Code (UCC) is being debated across the country. Meanwhile, the Supreme Court has asked an important question from the Central Government. The question is whether a person born in a Muslim family can follow secular laws in property matters? Or do he/she have to follow Sharia, ie Muslim personal law? A bench headed by Chief Justice Sanjeev Khanna has given the central government four weeks to file a reply. The next hearing of the case will be held on 5 May.

Property sharing laws different

In this case, the petitioner is the PM of Kerala. She has said that she wants to give her entire property to her daughter. his/her son is autistic and his/her daughter takes care of him/her. According to Sharia law, if the property of the parents is divided, then the son gets double from the daughter’s part. The petitioner has said that if his/her son dies due to down syndrome, his/her daughter will get only one third of the property. The rest of the property will go to a relative.

If you do not believe in Islam, then why Sharia is applicable?

Safia has said in her petition that she and her husband are not practicing Muslims. Therefore, they should be allowed to distribute their property as per the guidelines of the Indian Succession Act. At present, the Indian Succession Act does not apply to Muslims. Safia’s petition challenges this. When the case came to the court, Solicitor General Tushar Mehta said that this is a ‘very interesting case’.

Interesting trial between UCC

The matter has come up amidst efforts to implement the Uniform Civil Code from the BJP. The BJP wants to have a uniform civil law for all citizens, irrespective of religion. While criminal laws are the same for everyone, laws related to heritage, adoption and succession are different for different communities. Those who oppose the Uniform Civil Code argue that such a step will reduce religious freedom and will threaten India’s diversity.

UCC implemented in Uttarakhand

Uttarakhand has become the first state to implement the Uniform Civil Code. Chief Minister Pushkar Singh Dhami said that this is a historic moment for the state. he/she stressed that this law has been designed to ensure equal rights for citizens despite caste, religion or gender. he/she said, ‘UCC is a constitutional measure to end legal discrimination. Through this, an attempt has been made to provide equal rights to all citizens.

Another attack on Sharia from Safia case?

In his/her address to the nation on Independence Day, Prime Minister Narendra Modi said that the Supreme Court has given several instructions regarding the Uniform Civil Code. The case of Safia takes this debate further. It has to be seen what the government responds to and what the court’s decision comes.

This decision can prove to be very important for the future of the country. Will there be only one law for people of all religions? Will secular laws replace religious laws in personal matters? These are some questions that will be answered in the coming time. This case will definitely prove to be a significant turn in the legal history of the country. This will also reveal the challenge to balance between equality and religious freedom.