The Supreme Court on April 16 issued a notice to the Union government on a public interest litigation challenging the application of Shariat law in Muslim inheritance matters. The petition argues that current rules deny Muslim women equal property rights.
A bench led by CJI Surya Kant, along with Justice JoymalyaBagchi and Justice Vipul M. Pancholi, heard initial arguments and sought a response from the Centre. The petitioners, represented by advocate Prashant Bhushan, urged the court to apply the Indian Succession Act to Muslims for inheritance issues.
The plea says existing Shariat provisions allocate unequal shares to women. It claims that women often receive less than men under intestate succession. In some cases, women do not receive full inheritance. The petition argues that this creates a system where gender determines property rights.
The petition also raises concerns about restrictions placed on Muslim men. It states that under current rules, a Muslim man cannot will more than one-third of his property. It argues that it limits individual choice in property distribution.
The filing describes Muslim women as the only large group in India without equal inheritance rights under a uniform civil framework. The court has not made any observations on the merits of the case at this stage. It has asked the Union government to present its position. The matter is expected to proceed after the Centre submits its reply.