Can Muslims be ruled by succession legislation as an alternative of Shariat? SC to look at

A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar took observe of a plea filed by Naushad Okay Okay, who hails from Kerala’s Thrissur district, looking for to be ruled by the succession legislation as an alternative of Shariat with out renouncing Islam.

The courtroom issued notices to the Centre and the Kerala authorities on his plea for his or her responses.

“The current writ petition…seeks judicial recognition and safety of the precise of Muslim people to testamentary autonomy-specifically, the precise to choose out of the testamentary limitations imposed by Muslim Private Legislation in the event that they explicitly and voluntarily select to take action,” Naushad mentioned in his plea.

He sought the judicial recognition of the precise of Muslim individuals to train full testamentary autonomy, significantly the liberty to deviate from restrictions imposed by Muslim Private Legislation when drafting a Will.

The plea requested if the state might implement non secular mandates upon individuals who explicitly select to not observe them — particularly when such enforcement infringes upon their elementary rights.

The plea, due to this fact, sought instructions to the governments to “recognise and honour” the wills executed by Muslims, offered they adjust to secular legal guidelines, with out subjecting them to validation underneath Muslim Private Legislation.

Underneath Shariat, the plea mentioned, a Muslim individual can bequeath solely as much as a 3rd of their property by way of a will, and amongst Sunni Muslims, that is restricted to non-heirs.

“The remaining two-thirds should be distributed amongst authorized heirs in response to mounted Islamic inheritance ideas . Any deviation from this, is deemed invalid except the authorized heirs consent. This restriction on testamentary freedom raises vital constitutional issues,” it mentioned.

The obligatory utility of spiritual inheritance guidelines violates key provisions of the Structure like Article 14 , it argued.

Muslims are denied the identical freedom of will-making granted to members of different communities and even to Muslims who marry underneath the secular Particular Marriage Act and this creates an arbitrary and discriminatory classification, it added.

The plea mentioned testamentary autonomy is integral to private liberty and human dignity and forcing adherence to spiritual inheritance legal guidelines in opposition to one’s will infringes upon this proper. It then referred to Article 25 and mentioned in addition to defending the precise to follow faith, it additionally protects the precise to not observe non secular mandates.

“When a Muslim opts out of Nikah and marries underneath the Particular Marriage Act, 1954, the State doesn’t implement Nikah, even when each events are Muslims. Furthermore, it presumes that by marrying underneath the Particular Marriage Act, they’ve opted out of your entire Muslim Private Legislation, together with inheritance provisions, even with out explicitly opting out of testamentary restrictions,” it mentioned.

Conversely, when a Muslim deliberately opts out of testamentary restrictions by executing a will ignoring the constraints or restrictions, the state deems it invalid, it added.

The petitioner, due to this fact, sought instructions to the legislature to think about enacting needed amendments or tips to make sure testamentary autonomy for all individuals, irrespective of spiritual identification.

Whereas issuing the discover, the bench ordered tagging of the plea with related pending instances on the difficulty.

In April final 12 months, the bench agreed to think about a plea of Safiya P M, a resident of Alappuzha and normal secretary of “Ex-Muslims of Kerala”, that she is a non-believer Muslim lady and needed to cope with her ancestral properties underneath the succession legal guidelines as an alternative of Shariat.

One other related plea filed in 2016 by Quran Sunnat Society can also be pending within the prime courtroom which is able to now hear the three petitions collectively.

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