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Home / Latest News / Do you agree with this Neta that Low Rate of Divorce in Muslims is good ground to resist Uniform Civil Code?

Do you agree with this Neta that Low Rate of Divorce in Muslims is good ground to resist Uniform Civil Code?

March 4, 2019:

Majeed said that the rate of Divorces in the Muslim community was significantly less when compared to other communities.

IUML state general secretary KPA Majeed has said that the Triple Talaq Bill proposed by the central government was part of the agenda to implement Uniform Civil Code in the country.

What is Uniform Civil Code?

Uniform civil code is the ongoing point of debate within Indian mandate to replace personal laws based on the scriptures & customs of each major religious community in India with a common set of rules governing every citizen.

Article 44 of the Directive Principles expects the state to apply these while formulating policies for the country.

Apart from being an important issue regarding secularism in India & fundamental right to practice religion contained in Article 25, it became one of the most controversial topics in contemporary politics during the Shah Bano case in 1985.

Although Article 44 of the Indian Constitution guarantees UCC to all citizens,the debate arose when the question of making certain laws applicable to all citizens without abridging the fundamental right of right to practice religious functions.

The debate then focused on the Muslim Personal Law, which is partially based on the Sharia law & remains unreformed since 1937, permitting unilateral divorce, polygamy in the country & putting it among the nations legally applying the Sharia law.

The Bano case made it a politicised public issue focused on identity politics—by means of attacking specific religious minorities versus protecting its cultural identity.

Personal laws are distinguished from public law & cover marriage, divorce, inheritance, adoption &  maintenance. Goa has a common family law, thus being the only Indian state to have a uniform civil code. The Special Marriage Act, 1954 permits any citizen to have a civil marriage outside the realm of any specific religious personal law.

Personal laws were first framed during the British Raj, mainly for Hindu & Muslim citizens. The British feared opposition from community leaders & refrained from further interfering within this domestic sphere.

The demand for a uniform civil code was first put forward by women activists in the beginning of the twentieth century, with the objective of women’s rights, equality & secularism. Till Independence in 1947, a few law reforms were passed to improve the condition of women, especially Hindu widows.

In 1956, the Indian Parliament passed Hindu Code Bill amidst significant opposition. Though a demand for a uniform civil code was made by Prime Minister Jawaharlal Nehru, his supporters & women activists, they had to finally accept the compromise of it being added to the

Directive Principles because of heavy opposition.

Wrong Facts are being spread

Divorce Stock ratio is 2.0 for Hindus & 3.7 for Muslims. (Divorce stock ratio can be defined as the total number of divorced persons in a community to the total number of married persons in that community). This means that for every 1,000 married Hindus, 2 are divorced, & for every 1,000 married Muslims, 3.7 are divorced (for India, this value is 2.4). Across gender, the disparity is wider (most men remarry but women can’t, hence the disparity).

For every 1,000 married Hindu women, 2.6 are divorced, while for 1,000 married Muslim women, 5.6 of them are divorced. As for men, the ratio is almost the same (1.5 for Hindu men & 1.6 for Muslim men).

This implies that population & marital status adjusted, Muslims are more likely to be divorced than Hindus, & Muslim women take up almost the entire burden of this difference.

About 78.7% of Muslim divorcees are women; for Hindus, this figure is 64.2%. * Data as per Census 2011 

Politicizing the Debate

Inaugurating the symposium on ‘Triple Talaq Bill- For Whom?’ organised by the Vanitha League here on Tuesday, Majeed said that the rate of divorces in the Muslim community was significantly less when compared to other communities.

“BJP is saying triple talaq is the biggest problem faced by the Muslim women in the country. Where is triple talaq happening? It is not an issue at all in Kerala. Even when the entire country is taken into account, the instances of triple talaq are very limited. The rate of divorces in the Muslim community is significantly less when compared to other communities,” he added.

KPA Majeed
KPA Majeed

He added that while the BJP led government is portraying triple talaq bill as reflective of their commitment for protection of rights of Muslim women, the fact remains that thousands of women & children who were displaced due to the communal riots in North India are still living on the streets.

“According to reports, only 23% of those displaced in communal riots in Gujarat have returned to their homes. Also, women were most affected due to communal violence in Muzaffarnagar & the government has not taken any steps to protect or rehabilitate the victims,” he added.

He said if any changes or amendments are to be made in the Shariat Law or Personal Law then it has to be done by the Muslim community & its bodies.

“The Centre is trying to take away the rights of minorities & trying to destroy their beliefs. The government is making such interventions to implement the Uniform Civil Code ,” he added.

World wide Divorce Rate

World Divorce Rate
World Divorce Rate

Worldwide Divorce Rates – Top 25
Countries with Highest Divorce Rates per Capita

  1. Belarus 68%
  2. Russian Federation 65%
  3. Sweden 64%
  4. Latvia 63%
  5. Ukraine 63%
  6. Czech Republic 61%
  7. Belgium 56%
  8. Finland 56%
  9. Lithuania 55%
  10. United Kingdom 53%
  11. Moldova 52%
  12. United States 49%
  13. Hungary 46%
  14. Canada 45%
  15. Norway 43%
  16. France 43%
  17. Germany 41%
  18. Netherlands 41%
  19. Switzerland 40%
  20. Iceland 39%
  21. Kazakhstan 39%
  22.  Brazil 2.6%
  23. Italy 2.7%
  24. China 2.2%
  25. India 1%

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