SC Asks Centre’s Stand After Woman Wants To Be Governed By Succession Law Not Shariat

The Supreme Court on Tuesday asked the Centre to present its stance on a plea filed by Safiya P M, a Muslim woman from Alappuzha and the general secretary of “Ex-Muslims of Kerala.”

Safiya has requested to be governed by the Indian Succession Act, 1925, instead of Shariat law.

The case was heard by a bench consisting of Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K V Viswanathan. Solicitor General Tushar Mehta, representing the Centre, acknowledged the plea raised an important issue.

“The petitioner is a born Muslim. She says she does not believe in Shariat, viewing it as a regressive law,” he remarked.

The bench noted that the plea could have broader implications across faiths, prompting Mehta to request three weeks to seek instructions and file a counter-affidavit. The bench granted four weeks and scheduled the matter for a hearing in the week beginning May 5.

Safiya, who has not formally renounced Islam, claims she is a non-believer and seeks enforcement of her fundamental right to religion under Article 25 of the Constitution, which, she argues, should include the right to not believe. She is also seeking a declaration allowing those who wish not to be governed by Muslim personal law to instead follow secular law, particularly the Indian Succession Act, for matters of inheritance, both intestate and testamentary.

Through her lawyer, Prashant Padmnabhan, Safiya pointed out that under Shariat law, Muslim women are entitled to one-third of a deceased’s property.

However, without a court declaration that she is not governed by Muslim personal law, her father is unable to bequeath more than one-third of his property to her.

The Supreme Court had earlier allowed Safiya to amend her petition to challenge provisions that exclude Muslims from the Indian Succession Act. The petition asserts that the fundamental right to religion under Article 25 includes the right to leave one’s faith without incurring civil disabilities, such as the loss of inheritance rights.

The plea also highlighted that Muslim women who leave the faith are typically ostracized and lose inheritance rights under Sharia law. Safiya expressed concern about the future of her daughter’s inheritance if Safiya officially renounced her religion.

The plea seeks a declaration that the Muslim Personal Law (Shariat) Application Act should not govern her in matters of inheritance, noting a legal gap that could be addressed by judicial interpretation.

Without legal protection, the petition argues, Safiya’s fundamental rights under Article 25 would remain meaningless, especially in relation to inheritance and other civil rights, leaving her vulnerable under current laws.

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