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Inheritance in Muslim Law

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 02-May-2024

Source: Indian Express

Introduction

A bench led by Chief Justice of India (CJI) DY Chandrachud, accompanied by Justices JB Pardiwala and Manoj Misra, issued notice to the Union of India and the State of Kerala on a petition brought forth by Sufiya PM, regarding the applicability of Muslim personal law versus secular laws in succession matters.

What is the Background of the Case?

  • The case of Safiya PM v. Union of India (2024) revolves around the fundamental question of whether individuals who renounce their faith should be governed by Muslim personal law or secular laws in matters of succession.
  • Sufiya PM (petitioner), representing former Muslims in Kerala, petitioned the Supreme Court seeking a declaration to be exempted from the application of the Muslim Personal Law (Shariat) Act of 1937, particularly in cases of intestate and testamentary succession.
  • Petitioner mentioned Article 25 of the Constitution of India, 1950, which guarantees the right to freedom of religion, and argued that individuals who choose to leave their faith should not face discrimination in matters of inheritance or civil rights.
  • The court initially expressed reservations about the petitioner's proposition, highlighting the automatic application of personal law upon birth as a Muslim.

What is the Position of Muslim Inheritance Laws in India?

  • Primary Sources:
    • The Muslim law of succession draws from four primary sources:
      • the Holy Quran,
      • the Sunna (the Prophet's practice),
      • the Ijma (consensus of the learned), and
      • the Qiya (analogical deduction based on divine principles).
    • It delineates two categories of heirs:
      • Sharers, entitled to a designated portion of the estate, and Residuaries, who inherit what remains.
      • The Sharers, numbering twelve, include spouses, children, parents, and siblings.
  • Muslim Personal Law Application Act, 1937:
    • Succession can occur through testamentary or non-testamentary means, with the former governed by the Muslim Personal Law Application Act, 1937, and the latter by Shariat law.
    • Exceptions exist for immovable property in certain regions under the Indian Succession Act, 1925.
    • Inheritance rights arise upon death, not birth, with distribution methods varying between Sunni and Shia law.
  • Heirs:
    • Female heirs possess equal rights but often receive lesser shares due to considerations like mehr and maintenance.
    • Widows inherit based on circumstances, with childless widows receiving one-fourth and those with offspring one-eighth.
    • Unborn children are considered heirs if born alive.

What are the Implications for Those Renouncing Their Faith?

  • Muslims who choose to renounce their faith currently remain bound by Shariat law unless they make a formal declaration under the 1937 Act.
  • However, this presents challenges, as the Indian Succession Act explicitly excludes Muslims from its purview, leaving them without a secular legal framework for inheritance matters.

What was the Court’s Order?

The court's order in the case of Safiya PM v. Union of India (2024) includes the following directives:

  • Notice Issuance: The court directed the issuance of notice to the Union of India and the State of Kerala regarding the petition. The returnable date for the notice is set in the second week of July 2024.
  • Assistance from Attorney General: The court requested the Attorney General for India to nominate a Law Officer to assist the Court in addressing the complexities of the case.
  • Liberty to Amend the Petition: The petitioner was granted liberty to amend the petition within three weeks, allowing for the inclusion of appropriate reliefs available in law.

Conclusion

The intersection of personal beliefs and law poses significant challenges in the Muslim law, particularly regarding inheritance laws. Petitioner’s plea mentions the need for clarity and inclusivity in legal provisions, ensuring that individuals who choose to renounce their faith are not disadvantaged in matters of succession.