Gujarat : Muslims Opposes UCC & Waqf Act in Legal Awareness Camp

Surat: The Gujarat Muslim Heet Rakshak Samiti organized a public awareness legal camp to highlight the adverse impact of the proposed Uniform Civil Code (UCC) and the Waqf Amendment Act on Muslim Personal Law. The camp, attended by legal experts and religious scholars, addressed concerns over changes to laws governing marriage, divorce, inheritance, and Waqf property ownership in Surat.

The event saw participation from eminent personalities, including Advocate Tahir Hakim, senior advocate of the Gujarat High Court and legal advisor to the Muslim Personal Law Board, Dr. Aqil Syed (PhD), former Dean of Law Faculty at Parul University Vadodara, Iqbal Mirza, convenor of the Gujarat Muslim Heet Rakshak Samiti, and Professor Nisar Ahmed Ansari, general secretary of Jamiat Ulema Hind.

Concerns Over UCC in Gujarat

The Gujarat government, following Uttarakhand’s lead, has announced its intention to implement the Uniform Civil Code (UCC) in the state. A committee has been formed to draft the law and gather public opinions. However, speakers at the event strongly opposed the move, citing that:

The committee lacks representation from the Muslim community and does not include knowledgeable Islamic scholars.

The proposed UCC draft contradicts Islamic Shariah and is perceived as being influenced by a Hindu-centric agenda.

The tribal population, comprising 15% of Gujarat’s population, has been exempted from the UCC, raising concerns about selective targeting.

“The Constitution of India guarantees religious freedom under Article 25. The proposed UCC goes against this fundamental right,” said Professor Nisar Ahmed Ansari.

Legal and Constitutional Challenges to UCC

Speakers argued that only the Parliament has the right to enact a Uniform Civil Code at a national level, not individual states. The 21st Law Commission of India had earlier concluded that the UCC was “neither necessary nor desirable” at this stage. The 22nd Law Commission has not yet published any report on UCC’s necessity, indicating that the issue remains under debate.

Dr. Aqil Syed emphasized, “Dr. Ambedkar had assured Muslim members of the Constituent Assembly that UCC, if implemented, would be optional and not mandatory.”

In addition to the UCC, speakers criticized amendments to the Waqf Act, arguing that it restrict the rights of the Muslim community in managing mosques, madrasas, dargahs, and cemeteries. Grant excessive control to the government over Waqf properties, undermining autonomous religious management.

“The government should include real Muslim representatives in the decision-making process to maintain faith in democracy,” said Iqbal Mirza, the convenor of Gujarat Muslim Heet Rakshak Samiti.

The participants of the legal awareness camp unanimously demanded that the Gujarat government withdraw its proposal to implement UCC in the state. The committee drafting the UCC include impartial Muslim representatives to ensure fair consultation. Any amendments to the Waqf Act be reconsidered to protect religious rights.

The Gujarat Muslim Heet Rakshak Samiti plans to submit a memorandum to the government and continue its legal campaign to protect Muslim Personal Law and religious freedom.