It Will Apply Across Faiths: SC Seeks Union's Response On Plea By Muslim Woman Seeking Choice To Opt Out Of Sharia Law
|The Supreme Court was hearing a Writ Petition filed by a Kerala-based woman who was born into Islam but is now identifying as a non-believer, and contended that she should be governed by secular statutes instead of Sharia law.
The Supreme Court today heard a writ petition filed by a Kerala-based woman, born into Islam but now identifying as a non-believer, seeking to be governed by secular statutes instead of Sharia law. The petitioner argued that she should not be bound by personal laws associated with a religion she no longer follows.
The Bench of Chief Justice Sanjiv Khanna, Justice Sanjay Kumar, and Justice KV Viswanathan adjourned the matter for the Central Government to file a considered Counter Affidavit.
At the outset, Solicitor General (SG) Tushar Mehta, representing the Union of India, acknowledged the significance of the case, stating, “This is an interesting question. The petitioner is born Muslim but rejects Sharia Law, considering it regressive. We will have to take a considered view on the matter.”
Additional Solicitor General Aishwarya Bhati also appeared for the Centre.
The CJI noted that the issue has implications across all faiths, including on matters such as inheritance and official forms requiring the declaration of religion. He observed that if the Court were to pass an order, administrative changes might be necessary to accommodate individuals who choose not to disclose their religious affiliation.
"Mr. Mehta, this would apply across the faiths....It may have a effect on various things, then your forms, etc. If we pass an order, several forms where you are required to mention all these details, there a column will have to be there which permits you to say that I am not giving these details out (I will not mention my religion) or you will have to say it is waivable," the CJI remarked.
Justice Viswanathan added that such a declaration might need to be recognized as a private right.
The petitioner, represented by Advocate Prashant Padmanabhan, highlighted concerns related to inheritance laws. Citing an example of discrimination, the Petitioner argued that under Sharia law, she would only inherit one-third of her father’s property, with further restrictions on how that share would pass to her heirs. She sought the application of the Hindu Succession Act instead.
The Court, however, pointed out potential complexities, such as restrictions on inheritance under the Hindu Succession Act for converts and issues surrounding joint family property. "Under the Hindu Succession Act also, if I am not mistaken, if you convert, your inheritance rights are taken away," the CJI said.
The SG contended that individuals could still exercise testamentary freedom through a will to distribute their assets. "Yes, but by way of Will, one can do whatever one wants to do," the SG said.
"That’s correct, but then issue will also be with regard to joint Hindu family property or in case of no will…because it will apply to all faiths," the CJI said.
The Bench directed the Union Government to file its response within four weeks. The matter is scheduled for further hearing during the week commencing May 5, 2025.
Previous Hearings
It is to be noted that on October 24, the Bench had sought the Union of India's response in a Writ Petition. The Bench had remarked, "The Succession Act clearly says that it will not apply to a Muslim. It is clearly in the teeth of the Act."
On May 1, the Court had issued notice in the writ petition. The petition filed by Safiya PM aims to secure a declaration from the 'prescribed authority' under the Muslim Personal Law (Shariat) Application Act, 1937, allowing non-believers to opt out of Sharia law. The Writ Petition further sought a declaration that non-believer Muslims should be governed by the provisions of the Indian Succession Act, 1925, in matters of intestate and testamentary succession for their lineal descendants.
About the Petition
“Persons who do not want to be governed by the Muslim Personal Law must be allowed to be governed by the secular law of the country, viz., the Indian Succession Act, 1925, both in the case of intestate and testamentary succession,” the petition said.
The Petition highlights the broader implications of the issue and urges the Court's intervention, particularly in light of the pending case SLP (Civil) No. 9546 of 2016, which addresses succession among Muslim women. Safiya, born a Muslim woman to a non-practising Muslim father, faces challenges in protecting her civil rights. She serves as the General Secretary of Ex-Muslims of Kerala.
Under the current legal framework, individuals born as Muslims are subject to the Muslim Personal Law (Shariat) Application Act, 1937, which poses complications for those wishing to renounce their faith. Sharia law dictates that apostates forfeit inheritance rights, leading to concerns for the petitioner and her lineal descendants, particularly her daughter.
The petitioner sought a declaration that she should not be governed by Muslim Personal Law for any matters covered under the Act, advocating for the application of secular laws such as the Indian Succession Act, 1925. However, existing statutes do not provide a mechanism for obtaining such a declaration, creating a legislative gap that requires judicial interpretation to address. She argues that the absence of legal protection undermines her fundamental rights under Article 25, rendering them meaningless.
“The petitioner wishes to get a declaration that she shall not be governed by Muslim Personal Law for any of the matters listed in Sections 2 or 3 of the Muslim Personal Law [Shariat] Application Act, 1937, but there is no provision either in the Act or in the Rules wherein she can obtain such a certificate. There is a clear vacuum in the statute which can be plugged by judicial interpretation,” the plea read.
The Petitioner prayed, "This Hon’ble Court may be pleased to declare that the persons who do not want to be governed by the Muslim Personal Law (Shariat) Application Act, 1937, must be allowed to be governed by the secular law of the country, viz, the Indian Succession Act, 1925 both in the case of intestate and testamentary succession."
Cause Title: Safiya P.M. v. Union of India & Anr. [Writ Petition (Civil) No.135/2024]