SC to examine whether Muslims can be governed by succession law instead of Shariat
Safiya, in her petition, said that she has a daughter and after the her death, the entire property will not go to her daughter as her father's brothers will also get a claim.
During an earlier hearing in the top court, the Solicitor general Tushar Mehta, senior lawyer representing the Centre, said the plea raised an interesting question of law, which should be adjudicate upon by this Court.
Mehta further said that she has only one daughter and wanted to bequeath the entire property to her daughter, but Shariat law allows only 50 per cent of the inheritance. “She wants the benefit of the Indian Succession Act, the secular law," he said.
Safiya, in her petition, said, as per Sharia law, the person who leaves her faith in Islam, will be ousted from her community and thereafter she is not entitled for any inheritance right in her parental property.
Safiya claimed that she strongly believes that the practices under Sharia law are “highly discriminatory towards Muslim women” and hence it violates the basic fundamental rights guaranteed under the Indian Constitution.
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.
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