Supreme Court on succession issue: The Supreme Court on Monday (20 November) refused to consider a petition raising the issue of succession in accordance with the Muslim Personal Law (Shariat) Act, 1937. The court said that this subject falls within the scope of legislature and ‘personal laws’ are different for different religions.
The petition states that the Muslim Personal Law Act, 1937 provides that Muslims in India should be governed by Shariat law in matters of inheritance, marriage, divorce, alimony etc.
What did the Supreme Court bench say on this issue?
A bench of Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia asked, “The legislature can make a common law on succession.” How can the court say that something which is inheritable under Hindu law should also be inheritable under Muslim law?” The bench said it could not accept the submission made in the petition, which does not care about religion. Without doing so, it would be tantamount to giving equal rights in inheritance.
The petitioner’s lawyer said this in the court
Advocate Mathew J Nedumpara, appearing in the court on behalf of the petitioner, said that as per Shariat law, the petitioner, a Muslim woman, is entitled to receive only 12.5 percent of her late husband’s property. He said that all citizens, irrespective of their religion, should have equal rights of inheritance. The bench said, “Personal laws are different for people of different religions.”
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