The Supreme Court of India has recently issued notices to the Centre and the Kerala government regarding a petition filed by Safiya P M, a Kerala-based woman who identifies as a non-believer. She seeks to be governed by the secular Indian Succession Act, 1925, instead of the Muslim Personal Law (Shariat) for matters related to inheritance. Safiya, who is the General Secretary of ‘Ex-Muslims of Kerala’, argues that the right to freedom of religion under Article 25 of the Constitution includes the right not to believe. She contends that under Shariat law, she would inherit only one-third of her father’s property, whereas her brother, who has Down syndrome, would receive two-thirds. Safiya seeks a declaration that individuals who renounce their faith should not be governed by Muslim Personal Law and should be allowed to be governed by secular law, such as the Indian Succession Act.
The Supreme Court has scheduled a hearing for the week commencing May 5, 2025, and has directed the Union government to file its response within four weeks. The court has also permitted Safiya to amend her petition to challenge Section 58 of the Indian Succession Act, which currently excludes Muslims from its purview.
This case has significant implications for the application of secular inheritance laws to individuals who have renounced their faith, and it may prompt a broader discussion on personal laws and religious freedoms in India.
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