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Inheritance in Muslim Law
« »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?
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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.