Can the Secular Succession Act ‘apply to the’ non-regional ‘Muslim? The Supreme Court asked the Center; Woman wants to give full property to daughter

New Delhi : A Muslim woman named Safia PM, who considers herself a non-casualty, wants her to be seen under the Indian Succession Act, 1925 rather than the Muslim Personal Law (Sharia Act) in a heritage case. It means to say that the woman wants the Secular Succession Act to be implemented instead of personal law. Now the Supreme Court has sought a response from the central government on Tuesday in this case. The bench of Chief Justice of India (CJI) Sanjeev Khanna, Justice Sanjay Kumar and Justice KV Vishwanathan has directed the central government to file a reply in four weeks. The next hearing of the case will be held in the first week of May. The petitioner hails from Kerala and has a daughter. She wants to give her entire property to her daughter, but under Sharia law she can only give 50 percent of the property. Therefore, she wants benefits under ‘Secular Law’ i.e. Indian Succession Act.

Safia PM has stated in the Supreme Court that she is a non-casual Muslim woman. She wants her to be considered under the Indian Succession Act, 1925 instead of Muslim Personal Law (Sharia Act) in heritage cases. The Supreme Court had issued a notice to the Central Government and the Kerala government in this case only last year. Now the Supreme Court has sought a reply from the central government in four weeks and the next hearing of the case will be held in the first week of May.

Safia PM says that his/her father is a non-acting Muslim, but he/she has not officially left Islam. According to Sharia law, the person who leaves Islam is excluded from the community and does not get any legacy in the property of the parents. The petition also states that under the Sharia Act, a Muslim person cannot give more than one third of his/her property through a will.

Safia PM has a daughter. he/she is concerned that after his/her death, his/her daughter will not get the entire property, as his/her father’s brothers will also claim him/her. Solicitor General Tushar Mehta, appearing for the central government, told during the hearing that the petitioner has only one daughter and she wants to give her entire property to her daughter. However, under Sharia law, it will be able to give it only 50 percent of her assets. The Solicitor General said, “She wants the benefit of the Indian Succession Act, secular law. ‘

Safia PM’s father cannot give more than one third of his/her property to him/her. The remaining two-thirds of the part will go to his/her brother, who has a down syndrome. The petition said, ‘Even after leaving religion, the lack of any provision for the rights of heritage puts the citizen in a dangerous position because neither the secular law nor the religious laws of the state will protect him/her. According to Sharia law, the one who has left Islam will lose the rights of its heritage. The petitioner’s prayer is that he/she should be ruled by the provisions of the Indian Succession Act, 1925.

In addition, the petitioner believes that the practices under the Sharia Act are ‘highly discriminatory towards Muslim women’, and therefore violate the fundamental rights guaranteed under the Indian Constitution. This case can once again debate whether individual laws should be replaced by the Uniform Civil Code. The Uniform Civil Code means that for all citizens, whether they belong to any religion, the same law will apply.