New Delhi. The Supreme Court on Monday sought response from the Center and the Kerala government on the petition of a Muslim woman who does not believe in Islam, in which she has requested to apply the secular Indian succession law instead of Shariat in the matter of her ancestral property rights. The court said, ‘We cannot make such a declaration for the parties on personal law. You can challenge the provision of Sharia law and we will then deal with it. How can we direct that an atheist person will be governed by the Indian Succession Act? This cannot be done.
Safia P.M., a resident of Alappuzha and general secretary of ‘Ex-Muslims of Kerala’. Said that although she has not officially left Islam, she does not believe in it and wants to exercise her fundamental right to religion under Article 25. He also sought to declare that ‘persons who do not wish to be governed by Muslim personal law in the matter of will and testamentary succession should be allowed to be governed by the secular law of the country, i.e. the Indian Succession Act, 1925. ‘
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Chief Justice D.Y. Chandrachud, Justice J.B. At the beginning of the hearing, a bench of Justice Pardiwala and Justice Manoj Mishra said that the court cannot declare in a matter of personal law that an atheist person will be governed by the Indian Succession Act. The court said, ‘We cannot make such a declaration for the parties on personal law. You can challenge the provision of Sharia law and we will then deal with it. How can we direct that an atheist person will be governed by the Indian Succession Act? This cannot be done.
Safia, in her PIL filed through lawyer Prashant Padmanabhan, said that under Shariat laws, Muslim women are entitled to one-third share in the property. Referring to a provision of the Shariat Act, the bench said that the issue of testamentary succession will be governed under it. The lawyer said that the court will have to declare that the petitioner is not governed by Muslim personal law, otherwise his father will not be able to give him more than one-third of the property. The lawyer said, ‘My (petitioner) brother is suffering from ‘Down Syndrome’ (a genetic disorder that can cause mental and physical challenges) and he will get two-thirds of the property.’
After hearing the arguments, the bench decided to issue notice to the Center and the Kerala government on the petition and Attorney General R. Venkataramani was also directed to appoint a law officer to assist the bench in the hearing.
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Tags: Kerala, Muslims, Supreme Court
FIRST PUBLISHED: April 29, 2024, 23:02 IST