The Supreme Court on Monday agreed to consider a plea requesting a declaration that individuals who opt out of being governed by Muslim Personal Law (Sharia Law) should have the option to be governed by the secular laws of the country.
Following detailed deliberations, a bench comprising Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra issued notices to the Centre and the State of Kerala regarding the petition.
The bench requested the Attorney General for India, R Venkantramani, to designate a law officer to assist the court and scheduled the hearing for the second week of July 2024.
The petition was lodged by Safiya PM, a resident of Kerala, who asserted her status as a non-believer in Islam and thus advocated to be governed by the Indian Succession Act 1925 regarding inheritance, rather than the Muslim Personal Law (Sharia Law).
She mentioned that her father identifies as a non-practicing Muslim but has not formally renounced the religion.
“As per Sharia law, the person who leaves her faith in Islam, will be ousted from her community and thereafter she is not entitled for any inheritance right in her parental property,” the petition said.
The petition highlighted that according to Sharia law, a Muslim individual is limited to bequeathing no more than 1/3rd of their assets through a will.
It further noted that her father, who is dealing with Down’s syndrome, can only allocate up to 1/3 of the property to her, with the remaining 2/3 designated for her brother. Additionally, it was mentioned that despite the petitioner having a daughter, after her demise, the entirety of the property would not solely pass to her daughter, as her father’s brothers would also have a stake.
“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.
Furthermore, the petitioner strongly contends that the practices governed by Sharia law exhibit significant discrimination against Muslim women, thereby contravening the fundamental rights safeguarded under the Indian Constitution.