• Source:JND
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Supreme Court Sharia Law Plea: In an important judicial development, the Supreme Court on Monday agreed to hear a petition seeking a direction that Sharia law would not apply to non-believer Muslims in matters involving succession. While allowing the submission of the petition, the apex court issued a notice to the stakeholders to respond to the plea. The petition was filed by Safiya PM, a woman from Kerala who heads an organisation of Ex-Muslims of Kerala.

In her petition, Safiya sought a "declaration that 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 Indian Express quoted.

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Bearing in mind the importance of the issue raised by her, the Supreme Court also asked the Attorney General for India to nominate a law officer to assist the court in the matter.

At first, the bench hesitated to consider the matter, stating that unless the individual creating the will issues a declaration under Section 3 of The Muslim Personal Law (Shariat) Application Act, 1937, they would not fall under the jurisdiction of the Act.

However, after consideration of the facts put forward by the lawyer of petitioner Advocate Prashant Padmanabhan, the bench agreed to the submission.

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“There is a problem. Because if you don’t have a declaration, there is still a void because the secular law doesn’t apply. When we started reading it, we said what kind of a petition is this. Now that you have got into it…it’s an important point. We will issue a notice,” said CJI D Y Chandrachud.

Detailing the issue in front of reporters, the petitioner's counsel said, "As of now, for those persons who are born as Muslims, Sharia law is applicable in all their matters. If somebody wants to be governed by the secular law of the country, especially in the case of inheritance of property, there is a vacuum in the law. There is no provision. Under Section 2 of the Sharia Law Application Act. The 1937 law states that succession Islamic law is applicable. In case of adoption, those who want to be governed by the Sharia law can seek a declaration of Section 3. But there is no provision for those who don't want to be governed by Sharia Law. We are seeking the intervention of the court."