Examining Muslim Inheritance Laws in India: The Case Before the Supreme Court (GS Paper 2, Polity & Governance)
Introduction:
- The Supreme Court of India is set to scrutinize the applicability of Muslim personal law in succession matters for former Muslims.
- This case arises from a plea filed by a petitioner representing former Muslims in Kerala, seeking the option to be governed by secular laws instead of Muslim personal law.
Case Before the Supreme Court:
- Petitioner's Plea: The petitioner argues that individuals who choose not to adhere to Muslim Personal Law should have the option to be governed by secular law, specifically the Indian Succession Act of 1925.
- Citing Sabarimala Verdict: The petitioner draws attention to the Supreme Court’s 2018 ruling on the Sabarimala temple entry case, highlighting the right to freedom of religion under Article 25 of the Indian Constitution.
- Challenging Shariat Law: The petitioner seeks exemption from the Shariat law, particularly under Sections 2 and 3 of the Muslim Personal Law (Shariat) Application Act of 1937.
- Application of Indian Succession Act: The petitioner contends that the Indian Succession Act of 1925 should apply to both intestate and testamentary succession matters.
- Rooted in Freedom of Religion: The plea is rooted in Article 25 of the Indian Constitution, emphasizing the right to not follow any religion and associated civil rights without discrimination.
Muslim Inheritance Laws in India: Key Aspects:
- Governance: Muslim personal laws are primarily governed by the Muslim Personal Law (Shariat) Application Act of 1937, derived from Islamic principles, Quran, Hadith, and customary practices.
- Coverage: Encompasses various aspects of personal life, including marriage, divorce, maintenance, inheritance, and charities.
- Marriage and Divorce: Recognizes marriage as a civil contract and allows various forms of divorce, including talaq, khula, and mubarat.
- Inheritance and Successions: Rules of inheritance distribute property among legal heirs, with specific shares allocated to different categories. Applicable to both intestate and testamentary succession.
- Maintenance and Guardianship: Imposes obligations on individuals to provide maintenance to spouses, children, and dependents. Guardianship rules govern the rights and responsibilities of guardians.
- Exclusion and Applicability: Excludes Muslims married under the Special Marriage Act of 1954 and is not applicable in Goa, where the Goa Civil Code prevails. Indian Succession Act applies in certain circumstances.
Supreme Court's Decision:
- Initially indicating that Muslims are governed by Shariat regardless of their beliefs, the Supreme Court agreed to hear the case.
- Noting the absence of secular laws on wills and legacies for Muslims, the court directed responses from the Central and Kerala governments.
Conclusion:
- The case before the Supreme Court holds significance as it addresses the legal challenges faced by former Muslims in matters of inheritance and succession.
- The outcome of this case will have implications for the interpretation and application of personal laws in India, particularly concerning religious freedoms and civil rights.
