Will Muslims be governed by succession law or Shariat? Supreme Court to examine issue

Earlier in April last year, the bench had agreed to consider a plea of Safiya P M, a resident of Alappuzha

The Supreme Court on Thursday agreed to examine a contentious issue whether Muslims can be governed by secular Indian succession law to deal with ancestral properties instead of Shariat without renouncing their faith.

A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar took note of a plea filed by Naushad K K, a resident of Kerala's Thrissur district, that he wanted to be governed by the succession law instead of Shariat without leaving Islam as his religion.

It issued notices to the Centre and the Kerala government on his plea and asked them to file their responses. The bench ordered tagging of the plea with similar pending cases on the issue.

Earlier in April last year, the bench had agreed to consider a plea of Safiya P M, a resident of Alappuzha and general secretary of 'Ex-Muslims of Kerala’, that she is a non-believer Muslim woman and wanted to deal with her ancestral properties properties under the succession laws instead of Shariat.

She also sought a declaration that the persons who didn't wish to be governed by the Muslim personal law must be allowed to be governed by the "secular law of the country" -- the Indian Succession Act, 1925 -- both in the case of intestate and testamentary succession.

Safiya's plea, filed through advocate Prashant Padmnabhan, said Muslim women were entitled to one-third share in the property under the Shariat laws.

Another similar plea filed in 2016 by ‘Quran Sunnat Society’ is also pending in the top court which will now hear the three petitions together.

Inheritance for Muslims in India is governed by the Muslim Personal Law (Shariat) Application Act, 1937. It codifies the Shariat or the law governing Muslims and is made up of Quranic principles, teachings, and the Hadith or practices of Prophet Mohammad.