EP 01: Prof Tahir Mahmood on Uniform Civil Code and Muslim Personal Law

The year 2023 has seen been witnessing one of the the most heated debates on the idea of having a Uniform Civil Code (UCC) in India. The framers of the Indian constitution endeavoured to have a common set of laws governing personal matters such as marriage, divorce, inheritance, and adoption for all citizens, irrespective of their religious affiliations. Both Muslims and Christians have expressed their reservations about the idea which is yet to be presented in a legal format. Various tribes and other minority groups in India are also opposed to the introduction of a UCC. Why? Prof. Tahir Mahmood, India’s renowned jurist specialising in Islamic Law, Hindu Law, Religion and Law and Law Relating to Minorities, and Former Member, Law Commission of India, is in conversation with Pervaiz Alam. He says Indian Muslims have been let down by their scholars as most Muslim countries in the world, including Pakistan, have codified the Islamic family law. “According to Islamic law, triple divorce is illegal. All Muslim countries have abolished it.” But in India Muslim scholars are still divided over it. Prof. Mahmood has authored more than 20 books on law and has been Dean, Faculty of Law, University of Delhi, Chairman, National Commission for Minorities and Member, National Human Rights Commission. The Supreme Court of India has cited his scholarly work on Islamic laws in some of its judgments.