The Supreme Court has agreed to hear the petition, asking whether the Muslim community can divide the property without leaving its religious faith under the secular Indian succession instead of Sharia. On Thursday (April 17, 2025), the court took cognizance of the petition of a Muslim man from Kerala. The petition demanded that the Muslim community be brought under the purview of secular Indian succession law rather than Sharia in the case of ancestral properties and self-abusive properties, as well as it does not affect their faith.
Chief Justice (CJI) Sanjeev Khanna and Justice Sanjay Kumar’s bench, Naushad K.K., resident of Thrissur district of Kerala. Took cognizance of the petition of. & Nbsp; Naushad said that he wants to come under succession law rather than Sharia without renouncing Islam as religion. The bench issued a notice to the Central and Kerala government on his petition asking him to file a reply.
The petition said that under Sharia, a Muslim person can give only one third of his property through a will and this right is limited to non-existent among Sunni Muslims. The petition stated that according to Sharia, the remaining two-thirds of the parts should be distributed among the legal heirs as per the prescribed Islamic succession principles. He told that if someone wants to separate from Sharia, he will be considered invalid until the legal successor agrees. This restriction on the freedom of will gives rise to serious constitutional concerns.
The petition argued that the compulsory application of religious succession rules violates major provisions like Article 14 (Right to Equality) of the Constitution. It was told in the petition that Muslims are not given the freedom to make a will, which is given to members of other communities, even the Muslims who marry under the Secular Special Marriage Act do not give this freedom and it creates arbitrary and discriminatory classification.
The petitioner requested the legislature to be instructed to consider implementing the amendments or guidelines required to ensure a will for all individuals to ensure a will for all persons. Issuing the notice, the bench ordered to engage this petition with similar petitions pending on this issue.
Earlier, in April last year, the bench resident of Alappuzha and & lsquo; X-Muslims of Kerala & rsquo; It was agreed to consider the petition of General Secretary Safia PM. The petition said that she is an atheist Muslim woman and she wants to settle her ancestral properties under the succession law instead of Sharia. Similarly & lsquo; Quran Sunnah Society & rsquo; Has filed a petition in 2016 which is pending in the Supreme Court. Now all three petitions will be heard simultaneously.