Muslim woman who does not believe in Islam (symbolic picture) reached Supreme Court
Amid the ongoing debate on the Uniform Civil Code (UCC) across the country, the Supreme Court has asked the Center whether a person born in a Muslim family can follow secular laws or bind to follow the Muslim Personal Law Sharia in the property case Is. The answer by the Supreme Court of the country has sought the central government. The Chief Justice of India (CJI) Sanjeev Khanna -led bench has given the Center four weeks to file a reply. The Supreme Court will listen to the case in the second week of May.
Know what is the whole matter
In the case, the petitioner of Kerala, Alappuzha’s Safiya P.M. Is a woman named. He says that his family is an atheist, but due to the provision of Sharia, a father cannot give his daughter more than 1 third assets. The rest of the property is feared to be occupied by the family of the husband’s brothers in future. Safiya and her husband are atheists who filed the petition, but due to being a Muslim from birth, she applies Sharia law. The petitioner’s son is helpless due to a disease called Down syndrome. The daughter takes care of her. In Sharia law, the daughter gets half the property from the son. In such a situation, the father can give 1 -third of the property to the daughter, the remaining 2 thirds will have to be given to the son. If the father and brother die in future, then the father of the father’s brothers will be claimed on the property share of the brother.
Safia has said in her petition that she and her husband are not Muslims, so they should be allowed to divide the property as per the guidelines of the Indian Succession Act. At present, the Indian Succession Act does not apply to Muslims. This has been challenged in Safiya’s petition.
The petitioner argues in the case that Article 25 of the Constitution gives people a fundamental right to follow their religion. The same article also gives the right to the fact that if someone can be an atheist, despite this, he should not be forced to accept the personal law of that religion only because of being born in a family that is a particular religion. The lawyer also said that even if the petitioner and his father would say in writing that he is not a Muslim, then according to the Sharia, his property will be claimed by his relatives.
What did the Supreme Court say?
SG Tushar Mehta said in front of the bench headed by CJI Sanjeev Khanna that a woman, who does not believe Sharia, is her issue. The CJI said that it would apply to all religions. You have to file an answer, if we pass an order then there should be many forms etc. to allow you. SG said that it is right, I will not mention my religion. SG said that the interesting thing is that she has only one daughter and she wants to give the entire property to the daughter, but the Sharia law allows only 50%.
What is the provision in Section 3 of the Sharia Act?
In fact, Section 3 of the Sharia Act provides that a Muslim person declares that he will follow the rules of succession according to the Sharia, but who does not do so, he does not get the benefit of ‘Indian succession law’, because succession Section 58 of the law provides that it cannot apply to Muslims.
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