SC seeks Centre's view as Muslim woman calls Shariat 'regressive', wants to be governed by succession law

Acknowledging the broader implications of the case, the court observed, "This issue cuts across faiths."

The Supreme Court, on Tuesday, directed the Centre to respond to a plea filed by Safiya PM, the general secretary of "Ex-Muslims of Kerala," who has sought to be governed by the Indian Succession Act, 1925, instead of Shariat law.

A bench led by Chief Justice Sanjiv Khanna, along with Justices Sanjay Kumar and KV Viswanathan, took up the matter. Solicitor General Tushar Mehta, appearing for the Centre, remarked, "This is an interesting legal question. The petitioner, though born a Muslim, identifies as a non-believer and finds Shariat law regressive. She wants the freedom to opt out of its application."

Acknowledging the broader implications of the case, the court observed, "This issue cuts across faiths." It granted the Centre four weeks to file a counter affidavit and listed the matter for hearing in the first week of May.

The petition, originally taken up on April 29 last year, also seeks a response from the Kerala government. Safiya, a resident of Alappuzha, has argued that while she remains a Muslim by official records, she is a non-believer and wishes to exercise her fundamental rights under Article 25 of the Constitution.

"The right to freedom of religion must include the right not to believe," the petition asserted, adding that individuals unwilling to be governed by Muslim personal law should have the option to follow secular laws. Safiya has specifically sought the court’s intervention to allow her and others in similar situations to be governed by the Indian Succession Act for matters of inheritance.

Citing Shariat law's provisions, which limit Muslim women to inheriting only one-third of their parental property, Safiya argued, "Unless the court grants a declaration, my father will be legally restricted from bequeathing more than one-third of his property to me."

The plea also referred to the landmark 2018 Indian Young Lawyers Association v. State of Kerala judgment, commonly known as the Sabarimala case, which affirmed the right to freedom of religion and the right to not practice any faith. Safiya remarked, "The right to leave a faith should not result in any form of disqualification or loss of civil rights, including inheritance."

Highlighting her concerns, Safiya noted the impact of such laws on her daughter’s inheritance if she officially renounced Islam. "As per Shariat law, individuals who leave Islam are ostracised by the community and lose their inheritance rights," she contended.

Her plea also pointed to a legislative gap, stating, "There is no provision under the Muslim Personal Law (Shariat) Application Act or its rules to obtain a certificate exempting an individual from being governed by Shariat law." The absence of such a provision, she argued, leaves individuals without a legal pathway to align their personal laws with their beliefs.

"The lack of statutory protection renders the fundamental rights under Article 25 ineffective," the petition stated, urging the apex court to address this "statutory vacuum" through judicial interpretation.