Team Blitz India
NEW DELHI: The Supreme Court on April 29 issued notice to the Union of India and the state of Kerala on a writ petition seeking a declaration that a person who was born a Muslim, but ceased to be believer, would not be governed by the Sharia law.
The petition was filed by a Keralabased 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 organisation of named “ExMuslims of Kerala.” A Bench comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra requested the Attorney General to nominate a law officer who can assist the court. The matter will be posted next in the second week of July 2024.
Initial reservations
Initially, the Bench expressed reservations at the petitioner’s proposition that a non-believer won’t be governed by the Sharia Act. “The moment you are born as Muslim you are governed by the personal law. Your rights or entitlement are not governed by being a believer or non-believer,” CJI Chandrachud told the petitioner’s counsel. The Bench also wondered how the court can give a declaration regarding the non-applicability of personal law to a person under Article 32 of the Constitution, when the petitioner has not challenged any statutory provision.
The petitioner’s counsel submitted that as per the personal law, a Muslim person cannot bequeath more than one-third of his properties by way of Will. He pointed out that the petitioner’s father is also not a believer. He submitted that Muslim women are entitled to only onethird of the share of male heirs.
Specific declaration
The CJI pointed out that Section 58 of the Indian Succession Act makes a specific declaration that the Succession Act will not apply to Muslims. The Bench also pointed out that the petitioner has not challenged Section 58 of the Indian Succession Act.
The petitioner’s counsel replied that Section 58 is under examination in another petition filed by the Quran Sunnath Society in which the petitioner has also intervened. Ultimately, the Bench agreed to consider the matter.
