Supreme Court Seeks Union's Response On Ex-Muslim's Plea To Be Governed By Indian Succession Act Instead Of Shariat Law

The Supreme Court today (January 28) directed the Union to file its reply in 4 weeks in a plea seeking a declaration that a person who was born a Muslim, but ceased to be a believer, would not be governed by the Shariat law. The bench of CJI Sanjiv Khanna and Justices Sanjay Kumar, KV Viswanathan was hearing a plea by the petitioner Safiya PM who sought the inclusion of those Muslims who had renounced their faith into the Indian Succession Act, 1925 instead of the Muslim personal law in matters relating to succession and inheritance.During the hearing, Solicitor General Tushar Mehta appearing for the Union informed the bench, "This is an interesting question, the lady petitioner thinks Sharia is a regressive law...." He further informed the bench that the petitioner has only one daughter and wants to bequeath the entire property to her daughter, but Shariat law allows only 50% of the bequeath. "She wants the benefit of the Indian Succession Act, the secular law," he added. The CJI reverted that allowing a non-believer born into one faith to be governed by the Indian Succession Act, would also mean that an exception be carved for other non-believers born into all different religions. "If we apply to one faith, it will apply to all faiths" CJI verbally said. He added that even under the Hindu Succession Act (HSA) if a person converts out of the Hindu Religion, he/ she also loses inheritance rights. However, the SG interjected to point out that by way of a will, one can still inherit irrespective of the conversion. The CJI noted that it would not be the case, if the predecessor dies intestate or if there is a joint Hindu family property in question.The bench then asked the Union to file its counter within 4 weeks. Previously, Additional Solicitor General (ASG) Aishwarya Bhatti appearing for the Union submitted that as per S. 58 of the Indian Succession Act 1925, Muslims were expressly excluded from the ambit of the legislation. Advocate Prashant Padmanabhan appearing for the petitioner informed the Court that a fresh application has been filed challenging the constitutional validity of S. 58 of the 1925 Act.The matter will now be heard on May 5, 2025.BackgroundThe petition was filed by a Kerala-based woman named Safiya PM, who stated that she was not a believer and hence should be governed by the Indian Succession Act 1925 with respect to inheritance instead of the Muslim Personal Law. The petitioner is the General Secretary of an organization of named "Ex-Muslims of Kerala."Notably, Section 58 is under examination in another petition filed by the Khuran Sunnath Society in which the petitioner has also intervened.Case : Sufiya PM v Union of India W.P.(C) No. 135/2024Click Here To Read/Download Order

Supreme Court Seeks Union's Response On Ex-Muslim's Plea To Be Governed By Indian Succession Act Instead Of Shariat Law

Anmol Kaur Bawa

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