Muslim Woman Seeks Secular Property Law; Court Asks Centre for Reply

The Supreme Court of India is dealing with an important case related to property rights and religious laws. The court is asking the Centre (the Indian government) to respond to a question: Can a person born into a Muslim family choose to follow secular (non-religious) laws when it comes to property matters, or must they follow Sharia law, the Muslim personal law? The court has given the Centre four weeks to reply and set the next hearing date for May 5.

The petitioner in this case is Safiya PM, a woman from Kerala. Safiya wants to leave her entire property to her daughter. Her son, who is autistic, is cared for by her daughter. According to Sharia law, when parents divide their property, the son receives twice the share of the daughter. In Safiya’s case, if her son passes away due to his condition, her daughter would only get one-third of the property, and the rest would go to a relative.

Safiya is asking the court for permission to distribute her property according to the Indian Succession Act, which is a secular law. However, this law currently does not apply to Muslims. Safiya argues that since she and her husband are not practicing Muslims, they should be allowed to follow the guidelines of the Indian Succession Act for dividing their property.

When the case was brought before the court, Solicitor General Tushar Mehta commented that this is "a very interesting case."
This case comes at a time when there is a nationwide debate about the Uniform Civil Code (UCC). The UCC is a proposal to create a common set of laws for all citizens in India, no matter their religion. Right now, while criminal laws are the same for everyone, laws about inheritance, adoption, and succession vary between different communities. Some people who are against the UCC say that it could harm religious freedom and India’s diversity.

In a related development, the state of Uttarakhand became the first in India to implement a Uniform Civil Code. Chief Minister Pushkar Singh Dhami called it a historic step, saying that the UCC ensures equal rights for all citizens, regardless of caste, religion, or gender. He explained that the UCC aims to end legal discrimination and provide equal rights to everyone.

In his speech on Independence Day, Prime Minister Narendra Modi also mentioned that the Supreme Court has given directions regarding the possibility of a common civil code for all citizens. This has sparked further discussion about whether a Uniform Civil Code should be implemented across India.
The ongoing case, alongside recent developments, highlights the debate over whether laws related to inheritance and personal matters should be common for all Indians, regardless of religion.

Jan. 28, 2025 {{ Blogdetails.schedule_date|time }} 510

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