New Delhi: The Supreme Court on Tuesday sought a response from the Centre on a petition filed by a non-believer Muslim woman seeking to be governed by the Indian Succession Act, 1925, instead of the Muslim Personal Law (Sharia Law) regarding inheritance.
A bench led by Chief Justice of India Sanjiv Khanna, along with Justices Sanjay Kumar and KV Viswanathan, directed the Central government to file its response within four weeks. The matter was posted for hearing in the first week of May.
During the hearing, Solicitor General Tushar Mehta, representing the Centre, explained that the petitioner, who has only one daughter, wants to bequeath her entire property to her daughter. However, under Sharia law, she would be allowed to bequeath only 50 per cent of her property. "She wants the benefit of the Indian Succession Act, the secular law," Solicitor General said.
Last year, the Supreme Court issued a notice to the Centre and the State of Kerala regarding the petition.
The petition was filed by a Kerala-based woman, Safiya PM, who stated that she is a non-believer Muslim and, therefore, should be governed by the Indian Succession Act, 1925, with respect to inheritance, instead of the Muslim Personal Law (Sharia Law). She claimed that her father is a non-practicing Muslim but has not officially renounced the religion.
According to Sharia law, a person who leaves Islam is ousted from the community and is thereafter not entitled to any inheritance rights in parental property, the petition said.
The petition further stated that under Sharia law, a Muslim individual cannot bequeath more than one-third of their property via a will.
The petitioner noted that her father cannot bequeath more than one-third of his property to her, with the remaining two-thirds going to her brother, who suffers from Down's syndrome.
It was also stated that the petitioner has a daughter, and after her death, the entire property will not pass on to her daughter, as her father's brothers will also have a claim.
"The absence of any provision for having the inheritance rights, even after leaving the religion, puts the citizen in a dangerous situation as neither the secular laws of the State nor the religious laws would protect her. As per Sharia law, one who has left Islam will lose her inheritance rights. It is the prayer of the petitioner that she should be governed by the provisions of the Indian Succession Act, 1925," the petition stated.
Additionally, the petitioner strongly believes that practices under Sharia law are "highly discriminatory towards Muslim women," and therefore, violate the fundamental rights guaranteed under the Indian Constitution.
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