By Grace Mubashir
From a national debate to a state-by-state legal transformation: The state-wise expansion of the Uniform Civil Code is one of the most significant developments in India’s current debate over religion, constitutionalism and family law. Uttarakhand has set up the first operational model, while Gujarat and Assam have secured presidential assent. Madhya Pradesh has now passed its law, Rajasthan has introduced a bill, and Maharashtra and Chhattisgarh are working through their own processes. Taken together, these steps suggest that the debate is far from settled and will keep shaping Indian politics and Muslim public life for years to come.
Major Points:
· For Muslims, the task is a delicate one: safeguarding the religious freedom the Constitution guarantees while taking seriously the hard questions of gender justice and social inequality within their own communities.
· The government, for its part, has to show that the Uniform Civil Code is a real attempt at social reform and not simply a political project aimed at particular religious communities.
· Every state pursuing this path should ensure open consultation, careful constitutional scrutiny, clear transitional arrangements, and equal protection for women and children.
· This distinction matters for Muslim communities, because public discussion can give the impression that a common civil law has already replaced Muslim personal law across India. That is not the case. The legal position continues to vary from state to state and depends on the stage each state has reached.
· The community should also invest in empirical research. Rather than relying only on political speeches or religious arguments, researchers could investigate how Muslim families actually experience marriage, divorce, maintenance and inheritance. How many women are unable to claim their inheritance?
· How accessible are existing legal remedies? What happens to women abandoned by their husbands? How do poverty, education and social pressure affect the enforcement of family rights? Such research would allow Muslim representatives to take part in the UCC debate with evidence rather than general assertions.
The debate over the Uniform Civil Code (UCC) in India has entered a new phase. For decades, the question sat mostly within constitutional discussions, political manifestos, judicial observations and arguments about religious freedom. Since 2024, though, it has become an active legislative project. Rather than waiting for Parliament to pass a single national code, several state governments have started drafting their own versions of a common civil law. Uttarakhand became the first state to implement a UCC in January 2025. Gujarat and Assam passed their own UCC legislation in 2026 and received presidential assent in September. Madhya Pradesh has also passed a bill, while Rajasthan, Maharashtra and Chhattisgarh have moved toward preparing legislation of their own. Taken together, these developments suggest that India may be entering a phase in which personal laws are increasingly reorganised through state-level legislation.
For Indian Muslims, these developments matter a great deal, because Muslim personal law governs important parts of family life, including marriage, divorce, maintenance, inheritance and succession. The proposed changes raise questions that go beyond the protection of religious identity. They concern women’s rights, the authority of religious institutions, the relationship between Islamic jurisprudence and constitutional law, and the ability of a religious minority to take part in shaping legislation that directly affects its family practices. The central question is no longer simply whether India should have a Uniform Civil Code. It is whether the codes being developed by different states are genuinely equitable, constitutionally sound and sensitive to the social realities of the communities they regulate.
The present state-level approach is constitutionally possible because marriage, divorce, succession and related matters fall within the Concurrent List, which allows both Parliament and state legislatures to legislate. Where a state law conflicts with an existing parliamentary law, however, Article 254 becomes important. A state law that has been reserved for the President and has received presidential assent can prevail within that state, subject to Parliament’s power to legislate afterward. This is why presidential assent is such an important stage in the current UCC process.
Uttarakhand: The first state to implement a UCC
Uttarakhand became the first Indian state to enact and implement a Uniform Civil Code. The state Assembly passed the bill in February 2024, it received presidential assent in March 2024, and the law came into force on 27 January 2025. Its implementation marked a major turning point because it moved the UCC from political debate into an operational legal framework. The law covers marriage, divorce, succession, inheritance and live-in relationships, and applies to residents of Uttarakhand regardless of religion, with exemptions for Scheduled Tribes and certain constitutionally protected customary groups.
For Muslims, the most significant changes concern marriage, polygamy, divorce and inheritance. The Code makes monogamy a legal requirement and mandates marriage registration. It sets out common grounds and procedures for divorce, replacing religion-specific rules where the Code applies. Inheritance is likewise governed by a common framework rather than the traditional religious rules that once determined how property was distributed. As a result, Muslim families who follow Hanafi inheritance principles may see changes in how property passes among sons, daughters, spouses and other relatives.
The law also raises questions about the relationship between religious ceremonies and civil recognition. Muslims can continue to solemnise marriages through nikah ceremonies, but the legal consequences of marriage and divorce are determined by the statutory framework. In other words, the continuation of a religious ceremony does not necessarily mean that Islamic personal law continues to govern every legal consequence of that marriage.
One of the most contested parts of the Uttarakhand Code is its treatment of live-in relationships. The law requires such relationships to be registered and sets out penalties for certain failures to comply. Critics argue that this raises serious concerns about privacy, personal autonomy, and how far the state should go in intervening in private relationships. The state government, for its part, presents registration as a way of protecting women and children. The debate shows that a UCC is not only about Muslims; it also introduces common rules that shape the private lives of people from many other communities.
Uttarakhand has since amended its law through ordinances and legislation in 2025 and 2026, which suggests that implementation is an ongoing process of administrative and legal adjustment. The government has pointed to a large number of marriage registrations through its online system. But good administrative numbers should not be mistaken for evidence of real equality. The true test is whether the law actually improves women’s access to justice, reduces exploitation and protects individual rights without intruding unnecessarily into people’s private lives.
Gujarat: A Common Code Modelled on Uttarakhand
Gujarat has become the second major state to enact a UCC. The state government set up a committee headed by retired Supreme Court judge Justice Ranjana Prakash Desai to consider a common civil framework. After the committee submitted its recommendations in 2026, the Gujarat Assembly passed the Gujarat Uniform Civil Code Bill, 2026, in March. President Droupadi Murmu gave her assent on 17 September 2026, and the law was published in the state Gazette in October. The date on which it takes effect will be set by a separate government notification.
The Gujarat law covers marriage, divorce, succession, adoption and related civil matters, including live-in relationships. It bans bigamy and lays down common rules on the legal conditions for marriage. It also exempts Scheduled Tribes and groups whose customary rights are protected by the Constitution. For Muslims, this is a significant change, since matters that were previously governed by Muslim personal law will increasingly fall under a single statutory framework once the law is in force.
The implications for Muslim marriage and inheritance are especially important. In traditional Muslim jurisprudence, marriage is a civil contract with specific conditions and consequences. Islamic law also recognises particular procedures for divorce and sets defined shares of inheritance for different relatives. A common civil code replaces these religiously differentiated rules with statutory provisions. That raises practical questions: how Muslim marriages will be recognised, how existing marriages will be treated, and how property will be divided when a Muslim die without a will.
A key concern is whether the government has given enough thought to the diversity of Muslim family arrangements and to the different legal interpretations followed within Muslim communities. A common law can be justified on grounds of equality, but its legitimacy also depends on whether its provisions are fair, proportionate, and properly debated. Publishing a law in the Gazette should not bring public discussion of its effects to an end.
Assam: A UCC Alongside Separate Interventions in Muslim Personal Law
Assam is a particularly important case because its government introduced several measures affecting Muslim family law even before passing its UCC. In October 2024, the state enacted the Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024. This law replaced the earlier registration system under the Assam Muslim Marriages and Divorces Registration Act, 1935, and placed Muslim marriage and divorce registration within a more tightly regulated state framework. The government argued that compulsory registration would help prevent child marriage and strengthen legal protection for women.
The state later enacted the Assam Prohibition of Polygamy Act, 2025, which was another intervention in marriage practices. These measures were part of a broader political and legislative debate about Muslim personal law. In May 2026, the Assam Assembly passed the Uniform Civil Code, Assam Bill, making Assam the first state in the Northeast to adopt such legislation. The President granted assent on 29 September 2026. The code covers marriage, divorce, succession and live-in relationships but excludes Scheduled Tribes.
For Muslims, the Assam experience matters because the government has moved from regulating particular aspects of Muslim marriage to introducing a broad common civil framework. The UCC establishes monogamy, sets common conditions for marriage, and requires registration of marriages and divorces. It also provides common rules on succession. Religious ceremonies may continue, but their civil consequences will be governed by the statutory code.
One issue needs careful attention: the relationship between the earlier Muslim marriage registration law and the new UCC. The transition has to be clear so that marriages registered under the previous system are not left in legal uncertainty. The state must also make sure that Muslim women can access procedures for obtaining marriage certificates, proving their marital status, and claiming maintenance or inheritance without unnecessary hurdles.
Assam’s approach also raises questions about political context. The state has a significant Muslim population, including Bengali-speaking Muslims and indigenous Muslim communities whose historical experiences differ considerably. A legal reform that affects all of these communities should rest on transparent consultation, rather than treating Muslims as a single, undifferentiated social group. Protecting women against child marriage, abandonment and unequal treatment is essential, but these goals should be pursued through evidence-based legislation and the equal application of the law.
Madhya Pradesh: Criminalisation, inheritance and the widening UCC debate
Madhya Pradesh has also entered the UCC debate through a legislative process in 2026. The state Cabinet approved the draft in July, and on 21 July the Assembly passed the Madhya Pradesh Uniform Civil Code Bill, 2026, amid opposition protests. The Bill sets out a common framework for marriage, divorce, inheritance and live-in relationships, while exempting constitutionally recognised Scheduled Tribes.
Some of its most significant provisions concern Muslim family practices. The Bill prohibits polygamy and addresses practices such as instant triple talaq and nikah halala, and it requires the mandatory registration of marriages and divorces. It also provides for equal inheritance rights irrespective of gender. These provisions have generated considerable debate, because they directly affect areas that have traditionally been governed by Islamic jurisprudence.
For Muslim women, common inheritance rules could mean changes to the shares traditionally assigned under Islamic law. Under classical principles, a daughter’s share is commonly half that of a son in certain inheritance configurations, although the actual distribution depends on the surviving heirs and the specific circumstances. A common statutory framework may instead give sons and daughters equal shares, which would change the traditional system. Whether such a change improves economic security will depend on how the law is implemented in practice, on women’s awareness of their rights, and on their ability to access property and the courts.
The treatment of nikah halala also needs careful explanation. The term refers to a controversial situation, recognised in certain interpretations of Islamic jurisprudence, involving remarriage after an irrevocable divorce. It should not be confused with a compulsory religious ritual, nor with a legitimate arrangement that can be deliberately organised to enable remarriage. Coerced or prearranged practices raise serious questions about women’s dignity and consent. Legislation should target exploitation and coercion without misrepresenting the entire Muslim legal tradition.
As of October 2026, the Madhya Pradesh Bill has passed the Assembly, but the available presidential assent record does not show that it has received assent. Its final legal status and date of commencement must therefore be kept distinct from the operational position in Uttarakhand.
Rajasthan: From committee recommendations to a legislative proposal
Rajasthan has moved beyond preliminary political discussion. The state government set up a committee headed by Justice Ranjana Prakash Desai to prepare a draft UCC. Following consultations and drafting, the Cabinet approved the Rajasthan Uniform Civil Code Bill, 2026. The Bill was introduced in the Assembly on 21 August 2026, but as of 30 October the Assembly’s official legislative record does not show that it has been passed.
The proposed framework covers marriage, divorce, inheritance, maintenance and live-in relationships, and excludes tribal rituals and customs from its scope. For Muslims, the proposed changes could affect polygamy, divorce procedures, maintenance and inheritance, depending on the final provisions. The key point is that the legislative process has not yet reached the stage at which its final legal consequences can be properly assessed.
Rajasthan’s experience shows why public consultation and legislative scrutiny matter. The state has large rural and tribal populations, varied customary traditions and diverse religious communities. A common law cannot assume that every family follows the same social practices or has equal access to legal institutions. Women in rural areas, in particular, may face barriers involving documentation, legal awareness, financial resources and access to courts. Reform should address these barriers, rather than simply changing the formal rules on inheritance and marriage.
Maharashtra: Public consultation and the questions of Muslim family law
Maharashtra has taken a consultation-based approach. The state appointed a committee under Justice Ranjana Prakash Desai to examine the possibility of a UCC and to prepare recommendations. In October 2026, the committee launched a public consultation built around a questionnaire of 37 questions on marriage, divorce, inheritance, succession, guardianship and live-in relationships. Citizens have been invited to submit their views, with the consultation deadline reported as 15 November 2026.
The questionnaire is especially relevant to Muslims because it directly raises questions about polygamy, nikah halala, divorce procedures and the possibility of common inheritance rules. It also asks whether religious ceremonies and customary practices should be retained, whether all communities should follow common grounds for divorce, and whether men and women should enjoy equal inheritance rights. These questions suggest that Maharashtra is considering changes that go well beyond administrative simplification.
The consultation process gives Muslim organisations, women’s groups, legal scholars, religious institutions and civil society organisations a chance to take part. Still, consultation has to mean something real. A questionnaire cannot stand in for detailed discussion with the communities affected, a serious examination of the legal consequences, and the publication of draft provisions for public scrutiny. Muslim women should be represented in their own right, not only through religious organisations or political representatives who may speak on their behalf without asking them directly.
The state should also think carefully about what regulating live-in relationships would mean in practice. Protection against abandonment and economic exploitation matters a great deal. But compulsory registration can raise real privacy concerns, and it may discourage the very people who most need protection from approaching the law at all. A legal framework should protect individuals without turning intimate relationships into intrusive administrative matters.
Chhattisgarh: The committee stage
Chhattisgarh has also begun preparing for a Uniform Civil Code. In April 2026, the state Cabinet approved a high-level committee under retired Supreme Court judge Justice Ranjana Prakash Desai to prepare a draft. The committee is expected to consult citizens, organisations and experts before it submits recommendations to the state government. The areas under consideration include marriage, divorce, inheritance, adoption, maintenance and family disputes.
Chhattisgarh has not yet enacted a UCC. What makes its effort important is that it follows a wider pattern, building a common civil framework through a committee-led process. For Muslims, the implications will depend on the final recommendations and on whatever legislation follows. The government should make sure that Muslim communities, including women and marginalised groups, are included in consultations, and that the resulting framework respects the state’s social and customary diversity.
This distinction matters for Muslim communities, because public discussion can give the impression that a common civil law has already replaced Muslim personal law across India. That is not the case. The legal position continues to vary from state to state and depends on the stage each state has reached.
How will these developments affect Muslim personal law?
The most significant effects of the UCC debate would fall on four areas of Muslim family life: marriage, divorce, maintenance and inheritance. In traditional Islamic jurisprudence, marriage is a contract with defined rights and responsibilities, and different schools of law have developed rules on the validity of marriage, marital obligations, divorce and financial duties. A UCC may replace some of these religion-specific legal consequences with common statutory rules, although religious ceremonies could continue to be observed.
Polygamy is a particularly sensitive point. Classical Islamic jurisprudence permits a Muslim man to marry up to four wives under specified conditions, while the Qur’an stresses justice between wives and cautions against plural marriage if justice cannot be maintained. Contemporary Muslim scholars have long debated how these provisions should be interpreted and applied. A common law prohibiting polygamy would replace that permission with a uniform statutory ban. Even so, the government should look closely at the lived realities of existing polygamous families, including the rights of the women and children in them. Sudden legal change should not leave vulnerable spouses without maintenance, inheritance rights or legal recognition.
Divorce is another major area of change. Islamic law recognises several forms of divorce, including talaq, khula and judicial dissolution, and Muslim women’s access to divorce has been strengthened through the Dissolution of Muslim Marriages Act, 1939. The Supreme Court’s decision in the Shayara Bano case and the 2019 legislation prohibiting instant triple talaq have already reshaped the legal landscape. A UCC would add another layer of reform by establishing common statutory procedures. The real challenge is to ensure that women have accessible, affordable and timely remedies, rather than simply swapping one complicated legal system for another.
Inheritance may bring some of the most far-reaching long-term consequences. Islamic succession law assigns specific shares to different relatives, and these rules have long formed an important part of Muslim family property arrangements. Common succession provisions may replace those shares with equal or otherwise standardised distribution rules, and the effects of that shift would be felt for generations. This could improve the property rights of some women, particularly daughters and widows, but the consequences need to be looked at carefully. Any reform has to take into account the economic realities women face, family structures, agricultural land, joint ownership, and the very real difficulty of actually enforcing inheritance rights. Equality written into a statute does not automatically translate into equality in everyday social practice.
The UCC debate also touches the authority of Muslim religious institutions. Mosques, madrasas, Darul Qaza institutions, muftis and community organisations have long played a role in explaining Islamic family law and settling disputes. A common civil framework will reduce the legal authority of religious interpretations in matters the statute covers. Even so, religious institutions will remain important in offering spiritual guidance, counselling families and helping communities understand their rights. The real challenge is building a constructive relationship between religious institutions and the constitutional legal system.
The Muslim community should develop a serious legal and intellectual response. Muslim scholars, constitutional lawyers, women’s organisations and social scientists could work together to examine the provisions of each state code. Their response should identify discriminatory provisions, constitutional concerns, practical difficulties and possible improvements. It should also distinguish between religious practices essential to Muslim identity and social customs that may have no necessary foundation in Islamic jurisprudence.
There is considerable scope for constructive engagement within the Islamic legal tradition itself. Concepts such as maqasid al-sharia, maslaha (public interest), adl (justice), ihsan (moral excellence) and fiqh al-taysir (jurisprudence of facilitation) can offer frameworks for examining contemporary family-law questions. Islamic jurisprudence is not a static collection of historical rulings; it has developed through disagreement, interpretation, changing circumstances and attention to public welfare. Muslim scholars can draw on these resources to propose reforms that protect women and children while preserving the community’s freedom to practise its faith.
The community should also invest in empirical research. Rather than relying only on political speeches or religious arguments, researchers could investigate how Muslim families actually experience marriage, divorce, maintenance and inheritance. How many women are unable to claim their inheritance? How accessible are existing legal remedies? What happens to women abandoned by their husbands? How do poverty, education and social pressure affect the enforcement of family rights? Such research would allow Muslim representatives to take part in the UCC debate with evidence rather than general assertions.
Conclusion: The future of personal law in India
The state-wise expansion of the Uniform Civil Code is one of the most significant developments in India’s current debate over religion, constitutionalism and family law. Uttarakhand has set up the first operational model, while Gujarat and Assam have secured presidential assent. Madhya Pradesh has now passed its law, Rajasthan has introduced a bill, and Maharashtra and Chhattisgarh are working through their own processes. Taken together, these steps suggest that the debate is far from settled and will keep shaping Indian politics and Muslim public life for years to come.
For Muslims, the task is a delicate one: safeguarding the religious freedom the Constitution guarantees, while taking seriously the hard questions of gender justice and social inequality within their own communities. The government, for its part, has to show that the Uniform Civil Code is a real attempt at social reform and not simply a political project aimed at particular religious communities. Every state pursuing this path should ensure open consultation, careful constitutional scrutiny, clear transitional arrangements, and equal protection for women and children.
In the end, the worth of a Uniform Civil Code should not be judged by how many religious differences it erases or how fast it is passed. It should be judged by whether it makes family life fairer, protects those who are most vulnerable, makes legal remedies easier to reach, and strengthens constitutional equality. A genuinely progressive civil law has to respect individual freedom while making sure no one is denied justice in the name of religion, tradition, or uniformity.
(To Be Continued)
(CREDIT: NEW AGE ISLAM)