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Muslim woman seeks succession law

A woman from Alappuzha in Kerala had moved to the SC stating that she is a non-believer Muslim and hence should be governed by the Indian Succession Act 1925 concerning inheritance.
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NEW DELHI: The Supreme Court on Tuesday sought the Centre’s stand after hearing a Muslim woman’s plea seeking to be governed by the Indian succession law.

A woman from Alappuzha in Kerala, Safiya P M, had moved the SC stating that she is a non-believer Muslim and hence should be governed by the Indian Succession Act 1925 concerning inheritance instead of the Muslim Personal Law (Sharia Law).

After hearing Safiya’s plea, the apex court sought a response from the central government within four weeks.

A three-judge bench led by Chief Justice Sanjiv Khanna and comprising Justices Sanjay Kumar and KV Viswanathan said, “We will hear this plea after we receive the reply.” The matter was posted for May first week.

Safiya, the general secretary of “Ex-Muslims of Kerala”, said that as per Shariat law, a Muslim person cannot bequeath more than 1/3rd of his/her properties by way of will. “Her father cannot bequeath more than 1/3rd of the property to her, and the remaining 2/3rd will go to her brother, who was suffering from Down’s syndrome,” the plea stated.

The petitioner said she has a daughter, and after her death, the entire property will not go to her daughter as her father’s brothers will also get a claim.

Safiya said that she has not officially left Islam. She is a non-believer and wants the enforcement of her fundamental right to religion under Article 25 of the Indian constitution.

Safiya has sought a declaration from the apex court that the persons who do not want to be governed by the Muslim Personal Law must be allowed to be governed by the secular law of the country i.e. the Indian Succession Act, 1925, both in the case of intestate and testamentary succession.

Solicitor General Tushar Mehta, a senior lawyer representing the Centre, said the plea raised an interesting question. He said the Centre will file its reply as per the SC’s order.

Mehta further said that Safia has only one daughter and wanted to bequeath the entire property to her, but Sharia law allows bequething of only 50%. “She wants the benefit of the Indian Succession Act, the secular law,” he said.

Last year, the top court notified the Centre and Kerala on the petition. As per Sharia law, the person who leaves her faith in Islam will be ousted from her community, and thereafter, she is not entitled to any inheritance right in her parental property, the petition said.

Safiya claimed that she firmly believes that the practices under Sharia law are “highly discriminatory towards Muslim women”, and hence violate the fundamental rights guaranteed under the Constitution.

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