Applicability of Shariat Law to the Muslim Community in Inheritance Matters


The Supreme Court will examine whether a Muslim, in respect of succession matters, who has his Renunciation of religious belief have done, Shariat Act of Muslim Personal Law (1937) Will be governed by or have the rights of the country secular laws Will be decided by.

related facts

  • Petition related to choice of personal law: The Supreme Court has responded to a petition filed by a woman from Kerala, in which 'The woman had demanded that a person who does not want to be governed by Muslim Personal Law should be allowed to be governed by the Indian Succession Act, 1925 (ISA).'

Sabarimala temple entry case

  • Supreme Court bans entry of women into Sabarimala temple unconstitutional Has been declared. The court has said in its decision that in Sabarimala temple Exclusion of women in the age group of 10 to 50 years There is a violation of their fundamental rights.

  • Invocation of Article 25: The petitioner has cited the Supreme Court's decision (2018) in the Sabarimala temple entry case, in which the decision was given on the basis of the right to religious freedom under Article 25 of the Indian Constitution.
    • The petitioner says that under this article religious freedom 'The right to disbelief in religious belief' should also be included, so that when a person renounces his affiliation he does not have to face any disqualification in matters of inheritance and other important civil rights.
  • Muslims opting for Special Marriage Act in matters of inheritance: Many Muslims stop their marriage Special Marriage Act, 1954 Get registered under this, which is not based on religious rules.
    • this act secular inheritance law (Secular Inheritance Law).

Indian Succession Act (ISA), 1925: This Act addresses wills and matters related to them.

  • In this All other religions including Christianity Contains provisions of inheritance laws.

Special Marriage Act, 1954: This Act provides for Indian citizens of all religions, castes and sects living in India and abroad. civil marriage There is a provision for civil marriage.

  • When a person marries under this law, the marriage is not governed by personal laws but by the Special Marriage Act.

Shariat Act of 1937: Muslim inheritance law in India

  • Muslim inheritance law: Inheritance laws for Muslim community in India muslim personal law (Shariat) Application Act, 1937 Is governed by.
    • This Act lists the laws governing Muslims with respect to inheritance and The principles of the Quran, the teachings and the hadith or practices of the Prophet Muhammad Has been built on the basis of.
  • List of legal heirs: According to this Act, in the list of legal heirs or shareholders 12 persons Those included are husband, wife, daughter, son's daughter, son's son, father, grandfather and others.
  • Residuary Heirs: There is also another list of shareholders or heirs, called 'residuary heirs', which includes Aunts, uncles, nieces, nephews and other distant relatives Are involved.
  • rules related to inheritance
    • Share of Wife: A wife on the death of her husband 1/8th of his property Can take, if the couple has any child or descendant and in the absence of child, the wife can take her 1/4 share of husband's property Can take.
    • Restrictions on transfer of property: The property of a Muslim can be given only to a Muslim. In this form, this law is prejudiced against the wife and children following another religion.
    • Inheritance rules for daughters: Daughters cannot inherit more than half the property of their brothers.
      • Regarding the above rule, it has been argued that under Muslim law a woman is not allowed to marry her husband. Mehr and maintenance inherits, whereas the only property that men can inherit is the property of their ancestors.
      • These laws also stem from customs that held men responsible for the care of their wives and children.
    • Inheritance Limitations: Under Shariat, only 1/3 of the entire property can be bequeathed and the remaining property has to be divided as per religious law.
      • As a result, a Muslim couple cannot declare a person as their sole heir.

Important provisions related to the matter

  • The petitioner Section 2 and 3 of the 1937 Act Under the , had approached the court seeking to have matters related to wills not be governed by Shariat.

Shayara Bano vs Union of India: In this case the Supreme Court Majority of 3:2 The practice of triple talaq (talaq-e-biddat) unconstitutional Had declared.

    • section 2: It deals with the application of personal laws. It states that in certain areas such as intestate succession and special property rights of women, matters will be decided by Muslim Personal Law (Sharia), where either party is Muslim.
      • In relation to the case 'Shayara Bano vs. Union of India', the Supreme Court has said in its judgment of the year 2017 that 'Muslim Personal Law' especially to Judgment in matters listed under section 2 Will be used for.
    • section 3: This section enables individuals to opt to be formally governed under Sharia law.

Applicability of Sharia to persons who have renounced their beliefs

  • Obligation to follow Shariat law: At the present time, Muslims who wish to renounce their beliefs are bound by Sharia law unless they can formally declare that they wish to renounce their beliefs under the 1937 Act.
    • There is no law available to regulate aspects of inheritance and succession, because Section 58 of the Indian Succession Act Under this, Muslims have been specifically kept out of it.
  • Exceptions in testamentary succession: In states like West Bengal, Chennai and Bombay, property means immovable property and the Muslim calendar Act of 1925 Are being governed by.

medium of succession

  • Intestate succession: When the owner of the property dies without making a will.
  • Testate succession: When the owner of the property has made a will.

Arguments presented by the Supreme Court

  • The Indian Succession Act (ISA) gives options regarding inheritance: The Court has said that any person can choose not to be governed by Sharia laws. The ISA provides an alternative for individuals who have renounced their beliefs.
    • They have no one to deal with inheritance related problems. Secular laws Not available.
  • Demand for response from government: There is a lack of secular laws regarding will and inheritance for the Muslim community and in this regard the Supreme Court Demand for responses from Central and Kerala government Is of.

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