Does an ex-Muslim fall under the jurisdiction of the Shariat Act of 1937 or the secular laws of the country regarding matters of succession?
The Supreme Court has agreed to deliberate on this significant issue, issuing notice on a writ petition filed by a woman from Kerala. In the case of Sufiya PM v Union of India, the Supreme Court today issued notice on a writ petition seeking a declaration that individuals who were born Muslim but no longer practice Islam should not be subject to Shariat law.”
Safiya, the general secretary of an organization representing ex-Muslims in Kerala, is requesting a declaration that those who choose not to be governed by the Muslim Personal Law should be subject to the secular Indian Succession Act, 1925 instead, for both intestate and testamentary succession.
Led by Chief Justice DY Chandrachud and supported by Justices JB Pardiwala and Manoj Misra, the bench recognizes the weightiness of the matter and has summoned the Union of India and the State of Kerala to address the petition. To ensure a comprehensive examination, the Court has requested the assistance of the Attorney General of India. The case is scheduled for the second week of July 2024.
The petitioner’s counsel noted that Section 58 is currently under review in another petition initiated by the Quran Sunnath Society, wherein the petitioner is also involved. Eventually, the bench consented to address the issue. Upon the petitioner’s counsel expressing the intention to address the concerns related to Section 58, the bench granted permission for amendments to the petition.
This case not only poses fundamental questions about personal belief and legal frameworks but also holds the potential to shape the contours of religious and secular coexistence within India’s legal system. As the proceedings unfold, the Supreme Court’s deliberations will undoubtedly be closely watched, with far-reaching implications for individuals’ rights and legal pluralism.
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