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Supreme Court to Examine If Muslims Can Opt for Secular Succession Law

The Court has issued notices to the Centre and Kerala governments while consolidating related cases to address whether practising Muslims can bypass Shariat inheritance rules without renouncing their faith.

The plea asked if the state could enforce religious mandates upon persons who explicitly choose not to follow them.
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Overview

  • The Supreme Court has agreed to hear a petition by Naushad K K, a practising Muslim from Kerala, seeking to be governed by the Indian Succession Act instead of Shariat law for inheritance matters.
  • A bench led by Chief Justice Sanjiv Khanna and Justice Sanjay Kumar issued notices to the Union and Kerala governments, requesting their responses to the plea.
  • The Court has consolidated Naushad K K’s case with two similar pending cases, including one filed in 2016 by the Quran Sunnat Society and another in 2024 by Safiya P M, a former Muslim.
  • Petitioners argue that mandatory adherence to Shariat inheritance rules violates constitutional rights, including Article 14, by restricting testamentary autonomy and equality.
  • The Union Government previously stated that any extension of the Indian Succession Act to Muslims falls under Parliament’s legislative authority, raising questions about the judiciary's role in the matter.