Thursday, November 10, 2016

UNIFORM civil code NOT TO BE CONFUSED with COMMON civil code

The problem would have been tremendous had Lord Cornwallis not worked to remove the laws which prevailed at the times the Moghuls were ruling in India. The Sharia Laws in regard to Crime, Evidencing are something which are not globally accepted. The larger set of democratic countries accept the Brtish Legal and Judicial System which by efforts of Lord Hastings and Lord Cornwallis got adopted within the Indian land too , in the form of Indian Evidencing Act. The specific areas of differences are that Evidencing within the Sharia Law is compeletely by EYEWITNESS -that too, a precise, undoubtful one-- and it dismisses out space for HUMAN LOGIC to work in the form of INEVITABLE LOGICAL CONCLUSION. Also , Sharia Laws depend a lot on the CHARACTER REPORTS of the parties in dispute from a few EMINIENT PEOPLE, instead of verifcation, cross-examination et al of SUBJECTIVE and the OBJECTIVE evidence presented within the court in regard to claims raised by each of the parties. In Sharia Laws, ADULTRY is a great SOCIAL CRIME where as MURDER is a private tort, whereas the British (or the Indian system) is exact opposite-- MURDER is a state crime, while ADULTRY is a private tort. Similarly, in the Contract laws too, Sharia Laws are not so equipped to rule out the disputes , as against the British Laws, this because British laws allow the evidencing of INTENTIONS and MOTIVES whereas the Sharia works purely on what has been explicitly spoken or written. Infact the much-debated TRIPPLE TALAQ system is based on this very assumptions of the Sharia System that what is spoken is important than what is there in one's mind and heart. Sharia System assumes that a person's intentions and motives CANNOT be read or known by a third person. There are cases within Sharia Lawsuits where a loving husband had to suffer the ordeal of actual DIVORCE and a HALAL of his wife so to re-unite with her, because he happened to speak TRIPPLE TALAQ under influence of medicine or any other passing annoyance, while in the witnessing of a third person !!! Due to Sharia System, he was left with no room to prove his true love and his momentary anger intentions for his beloved wife. !!!But a plural democractic society can afford to have such private laws and their suffering be suffred by the people who espouse such systems. Thankfully much of the Sharia Law system is already out from our democracy, those sharia laws which related with crimes and evidencing. Further,  It is very much possible to have such level of plurality in a democracy because no religion is perfect and nor ar the Civil Codes which we so fondly want to be adopted !!! And for those who wish to  conduct their social affairs as per the modern social thoughts, the provisions are available in the form of Special Laws, which any person of any religion can opt at his choice.