Supreme Court Examines Plea for Extending Indian Succession Act to Muslims Who Renounce Faith

Keyword: Indian Succession Act, Muslim inheritance law, Supreme Court

The Supreme Court has taken up a unique legal question regarding whether Muslims who no longer adhere to the faith should be subject to the Indian Succession Act, 1925, instead of traditional Muslim personal law for inheritance matters. The petition, filed by Safiya PM from Kerala, argues that individuals born into Islam who later renounce it should have the option to choose the Indian Succession Act for inheritance, circumventing the traditional Shariat law, which presently applies unless they formally opt out.

1. During Thursday’s proceedings, a three-judge bench led by Chief Justice D.Y. Chandrachud, alongside Justices J.B. Pardiwala and Manoj Misra, addressed the complexities presented by Safiya’s petition. Additional Solicitor General Aishwarya Bhatti, representing the Union Government, asserted that Section 58 of the Indian Succession Act explicitly excludes Muslims, making the matter legislative rather than judicial. Bhatti noted that only Parliament holds the authority to make amendments to this law, thus limiting the Court’s jurisdiction in this regard.

Safiya’s counsel, Advocate Prashant Padmanabhan, contested this position by filing an application challenging the constitutionality of Section 58, which restricts Muslims from adopting the Indian Succession Act even if they opt out of the Shariat law as per the Muslim Personal Law (Shariat) Application Act of 1937. Padmanabhan argued that while Section 3 of the Shariat Act allows Muslims to opt out of Shariat law, Section 58 of the Indian Succession Act simultaneously denies them access to general succession laws.

The bench has directed the Union Government to submit a counter-affidavit on this issue, which could set a precedent for similar cases if the petition succeeds. Safiya’s case has also gained momentum as she is supported by the organization “Ex-Muslim of Kerala,” where she serves as General Secretary. The Khuran Sunnath Society is pursuing a similar challenge to Section 58, and the Supreme Court’s decision on these matters could significantly impact inheritance rights for ex-Muslims in India.

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