Supreme Court Notice: Non-believer Muslims’ Rights Under Scrutiny, Secular Laws vs. Personal Laws
Image Source: The Hindu
The Supreme Court of India, on Monday, while considering the plea seeking a declaration that a Non-believer Muslim should be governed by the secular laws of the country rather than by Shariyat law, issued notice to the Union of India and the state of Kerala.
The three-judge Supreme Court bench comprising CJI Chandrachud, Justice JB Pardiwala, and Justice Manoj Mishra were hearing a writ petition filed by Safia PM, a resident of Kerala. Safia PM, who is also the general secretary of an organisation named “Ex-Muslims of Kerala,” stated that as a non-believer Muslim, she should be governed by the secular statutes of the country, viz., the Indian Succession Act 1925 with respect to inheritance, instead of Muslim Personal law. The bench, terming the case an “important issue,” decided to seek responses from the Union and the state of Kerala and also asked the Attorney General of India to nominate a law officer who would assist the court in the matter.
“The moment you are born a Muslim, you are governed by personal law. Your rights or entitlements are not governed by being a believer or non-believer,” remarked the CJI while hearing the petition.
The CJI highlighted that if a person does not make a declaration under section 3 of the Muslim Personal Law (Shariyat), they will not be governed by the act. He also pointed out that section 58 of the Indian Succession Act makes a specific declaration that states the succession act will not be applicable to Muslims.
“You are born a Muslim. Section 58 of the Indian Succession Act said it would not apply to Muslims. Even if you don’t make a declaration under section 3 of the Shariyat Act, there are no secular acts on wills and legacies by Muslims. You don’t have to seek that declaration because section 3 of the Shariyat Act says unless you make a declaration, then you will not be governed by personal law. There is also a void because if you don’t declare, then what will you be governed by?” CJI was reported as saying by Live Law.
The filed petition stresses the Supreme Court’s judgment in the Sabrimala case, which states that Article 25 must include the right to believe or not to believe.
The plea said that the petitioner, a born Muslim woman to a non-practicing Muslim father who has not officially left the religion, is faced with a peculiar problem in protecting her precious civil rights. It also stressed Safia’s desire not to be governed by personal law for any of the matters listed in sections 2 or 3 of the Shariyat Act.
Safia also mentioned that a person who leaves the faith in Islam will be ostracized from the community and is not entitled to any inheritance rights in their parental property.
The next hearing of the case is scheduled for the second week of July 2024.
Team Profile
- News Writer
- Mohit Dalal, a graduate in Psychology currently pursuing a Master's degree in Journalism, is deeply intrigued by society and its norms. His interest in this captivating field has inspired a desire to excel in legal journalism. Mohit aspires to make significant contributions to the field of journalism, particularly in covering legal issues and related societal matters.
Latest entries
English10 May 2024Sign of Relief to AAP as Supreme Court Grants Interim Bail to Kejriwal Till June 1
English10 May 2024Letter to PM and Rahul Seeks Public Debate Between the Two
English9 May 2024Are Unregistered Marriages Valid in India?
English8 May 2024Top Court Hits Pay Dirt and Aspires Towards an Inclusive Society
