Sharia law Vs Indian Succession Act: If someone does not believe in Sharia law and Islam, will he lose his right to ancestral property or will the Indian Succession Law apply to him and he will get the right to the property? A 50-year-old Muslim woman from Kerala has asked this question to the Supreme Court.
Sharia law Vs Indian Succession Act: If a Muslim does not believe in Islam and does not want to come under Sharia law (Muslim Personal Law), will he get relief under the provisions of Indian Succession Act-1925 or not. This question has been raised by a Muslim woman in the Supreme Court. She says that if she does not believe in Sharia law and Islam, will she lose the right to her ancestral property or will the Indian Succession Act be applicable to her and she will get the right to the property. On the petition of a 50-year-old Muslim woman from Kerala, the Supreme Court has agreed to consider the matter whether Sharia will be applicable to atheist Muslims or not.
Let us try to know what kind of rights boys and girls have in ancestral property under Sharia law and Indian Succession Act-1925.
Demand to give the benefit of Indian Succession Act-1925
The woman Safia PM who reached the Supreme Court says that she does not want to follow Sharia law because it is against women. He has also demanded from the Supreme Court that he be declared an atheist Muslim and he be allowed to take advantage of the law as per the provisions of the Indian Succession Act-1925.
The woman has said that under Sharia law, if a person does not believe in the Muslim religion, he is expelled from the society. If she also does so, then she will not have any right over her father’s property.
Under Sharia law, one gets inheritance only if one is a Muslim
Actually, under section 3 of the Muslim Personal Law (Sharia) Application Act, 1937, if a Muslim (male or female) wants rights over his family’s property as per the will or tradition, then he will have to bring a certificate from the prescribed authority that he is a Muslim. According to this Act, if a person dies, then his son, daughter, widow and parents are given a share in his property.
Provision to give half the property of the son to the daughters
This shows discrimination against daughters and there is a provision to give them half the property of the son. At the same time, the widow gets only one-sixth of the property. In any case, a child born in a Muslim family does not get rights to the property right from birth. For this, it is most important that after the death of a person, his heirs perform his last rites. Also pay off all his debts. Then the value or will of the property is determined.
The woman who filed the petition has also said in her petition that according to Sharia, a Muslim cannot give more than one-third of his property in a will. That is, even if the father wants, he cannot give more than one-third of the property to her. The remaining two-thirds of the property will go to her brother.
How much right do sons and daughters have in the Indian Succession Law?
The Indian Succession Law-1925 is a secular law, according to section 58 of which it does not apply to Muslims in India. Generally, according to this law, sons and daughters get equal rights in ancestral property. If the father wants, he can also make his will. If a will has been made, then the property is divided according to that.
That is why Safia’s lawyer has said in the court that Safia’s father wants to give his entire property to his daughter, but under Sharia law, she can get only half the property from her brother. In such a situation, he should be given rights over the property under the Indian Succession Act-1925, so that after his death his daughter can also get the right to the entire property. The Supreme Court will hear this case next in July 2024.
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