Muslim inheritance: HC rejects PIL

A Division Bench of the Kerala High Court on Thursday dismissed a public interest litigation challenging the inheritance rights based on Sharia law in the Muslim community. The petition was dismissed by the Bench comprising Chief Justice Ashok Bhushan and Justice A.M. Shaffique. The petition was filed by the Koran Sunnath Society of Kozhikode, a Malappuram-based humanist centre, V.P. Zuhara, president of the NISA Muslim Women’s Forum, Kozhikode, and two others. The petitioners argued that the existing law of succession, based on Sharia, went against the spirit of the Koran. If a Muslim man died, his daughter would not get an equal share of his property as his son would and the daughter would be forced to share it along with the distant relatives of the deceased. On the other hand, a son could fully inherit the entire property and share it only with his spouse and parents of the deceased. The inheritance norm now practised in the community was discriminatory. In fact, on a true interpretation of the principles of the Muslim personal law based on the edicts of the Koran, daughters could not be discriminated against. The daughter was equally entitled to inherit property just like sons, the petitioners said. They pointed out that the Sharia law was not “immutable”. Dismissing the petition, the Bench observed that the issues raised in the petition could not be adjudicated in the proceedings under Article 226 (writ jurisdiction). It was for the legislature to consider the issues and frame a competent legislation. The Hindu