Supreme Court to Examine Plea on Applicability of Sharia Law to Non-Believer Muslims
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Supreme Court to Examine Plea on Applicability of Sharia Law to Non-Believer Muslims
The Supreme Court of India has agreed to examine a plea that raises questions about the applicability of Sharia law to non-believer Muslims. The plea seeks a declaration that individuals who do not wish to be governed by Muslim Personal Law should have the option to be governed by the secular laws of the country.
Petition Filed by Safiya PM
The petition was filed by Safiya PM, a Kerala-based woman who identifies as a non-believer Muslim. She argues that she should be governed by the Indian Succession Act of 1925 concerning inheritance, rather than Sharia law. According to her, under Sharia law, individuals who leave Islam are excluded from their community and lose inheritance rights in their parental property.
Challenge to Sharia Law Restrictions
Safiya PM's plea highlights that Sharia law restricts a Muslim person from bequeathing more than 1/3rd of their properties by way of a will. This limitation poses a challenge for her, as her father, though a non-practicing Muslim, has not officially left the religion. As a result, she argues that her father's brothers would also have a claim to the inheritance, leaving her daughter with a limited share.
Absence of Inheritance Rights
The petitioner contends that the absence of provision for inheritance rights after leaving Islam places individuals in a precarious situation, as neither the secular laws of the State nor religious laws would protect them. She asserts that the practices under Sharia law are discriminatory towards Muslim women and violate fundamental rights guaranteed under the Indian Constitution.
Supreme Court's Response
The Supreme Court bench, comprising Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra, has issued notices to the Centre and the State of Kerala, and the matter is scheduled for hearing in July 2024. The plea raises important questions about the intersection of personal beliefs, religious laws, and constitutional rights, highlighting the need for clarity and protection of individual freedoms.
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