Today, (on April 29), Supreme Court acknowledges petition challenging Shariat law’s application to non-believers, filed by ex-Muslim seeking equal inheritance rights.
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NEW DELHI: Today, (on April 29), The Supreme Court of India has issued notices to State and Union governments while hearing a writ petition that seeks a declaration regarding the applicability of Shariat law to individuals who were born Muslim but no longer identify as believers.
The bench, consisting of Chief Justice of India DY Chandrachud, Justices JB Pardiwala, and Manoj Misra, deemed the matter an “important issue” after extensive arguments were presented.
The petition was brought forth by Safiya PM, a Kerala-based general secretary of an organization for former Muslims. She argues for the recognition of secular law over Muslim Personal Law in matters of both intestate and testamentary succession.
Her plea states-
“People who opt out of the Muslim Personal Law should have the option to be governed by the secular law of the nation.”
The bench, including Justices JB Pardiwala and Manoj Misra, initially hesitated to accept the petition, questioning the premise that a non-believer should not be subject to the Shariat Act.
Chief Justice Chandrachud clarified during the hearing-
“From birth, being Muslim subjects one to the personal law, irrespective of belief status, determining rights and entitlements.”
The court also sought to understand how it could declare personal law inapplicable under Article 32 of the Constitution without the petitioner challenging any specific statutory provision.
Chief Justice Chandrachud highlighted-
“You are not obligated to actively seek a declaration. According to Section 3 of the Shariat Act, unless expressly declared otherwise, individuals are not bound by the provisions of personal law concerning wills, adoptions, and legacies. Hence, if neither you nor your father makes such a declaration, personal law does not apply.”
Despite this, the court recognized a legal void since Section 58 of the Indian Succession Act explicitly excludes Muslims. This unaddressed issue, as Chief Justice Chandrachud pointed out, leads to significant legal uncertainties:
“There is a complication. In the absence of a declaration, there remains a void as the secular law does not apply to the situation.”
The petitioner’s circumstances further complicate her legal stance. As a daughter of a non-practicing Muslim father, she faces limitations under Muslim Personal Law, which restricts a Muslim from bequeathing more than one-third of their property to their daughter.
Her legal representation, Advocate Prashant Padmanabhan, noted-
“Under personal law, a Muslim individual is restricted from bequeathing more than one-third of their properties through a will to their daughter.”
The plea also references the landmark SC Sabarimala judgement, arguing that the Right to Religion under Article 25 of the Constitution must encompass the freedom to disbelieve.
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The petitioner asserts-
“To ensure the effectiveness of this right, individuals who renounce their faith should not face any limitations or exclusions regarding inheritance or other essential civil rights.”
As the case progresses, the court has granted the petitioner the liberty to amend her petition, particularly concerning the contested Section 58, which is under scrutiny in another case by the Quran Sunnath Society.
The Supreme Court has scheduled the next hearing for the second week of July 2024.
