“Very interesting case…”: Supreme Court Asks Centre to Clarify Whether a Muslim Woman Can Follow Secular Laws in Property Matters

The Supreme Court has asked the Union Government to clarify whether a person born into a Muslim family can follow secular laws regarding property matters or if they are obligated to adhere to Sharia, the Muslim personal law. A bench led by Chief Justice of India Sanjiv Khanna has given the Centre four weeks to file a response, with the next hearing scheduled for May 5.

The petition in question has been filed by Safiya PM, a resident of Kerala, who wishes to leave her entire property to her daughter. Safiya's son, who is autistic, is cared for by her daughter. According to Safiya's petition, under Sharia law, a son would receive double the share of a daughter in the inheritance division. Safiya has expressed concern that if her son, who has Down Syndrome, passes away, her daughter would only inherit one-third of the property, with the remaining share going to a relative.

In her petition, Safiya argues that she and her husband are not practicing Muslims, and as such, they should be allowed to distribute their property according to the Indian Succession Act. When the case was brought up in court, Solicitor General Tushar Mehta described it as a "very interesting case."

The case is being heard amid ongoing discussions around the implementation of a Uniform Civil Code (UCC), which seeks to create common civil laws for all citizens, irrespective of religion. While criminal laws are common across the country, laws governing inheritance, adoption, and succession differ among various communities. Opponents of a UCC argue that such a law would infringe on religious freedoms and undermine India's cultural diversity.​