Uniform Civil Code and Muslims in India:

Exploring the Potential of Arbitration Clauses and Marriage Stipulations

Naheed Mustafa

 

Abstract: This article examines the complexities of implementing a Uniform Civil Code (UCC) in India's diverse religious landscape, focusing on reconciling national legal uniformity with Muslim personal law. It proposes integrating arbitration clauses and marriage stipulations into the UCC framework as a potential means. It further explores key areas of family law, including marriage, divorce, guardianship, adoption, maintenance, and inheritance, analysing how these mechanisms can preserve religious autonomy while promoting women's rights and gender equality. By comparing legal approaches in Indonesia, Saudi Arabia, the United Arab Emirates, Pakistan and Turkey, the article offers insights into the practical application of family law concepts. The research is structured into three main sections: (1) the rationale for arbitration in family disputes; (2) the role of marriage stipulations in addressing critical issues; and (3) a comparative analysis of international practices. This interdisciplinary approach combines legal analysis with socio-cultural considerations, contributing to the ongoing discourse on balancing religious freedom with legal uniformity in pluralistic societies.