SC issues notice on PIL against gender-based differences in Muslim inheritance law

The Supreme Court on Wednesday issued notice on a PIL challenging gender-based differences in inheritance rights under Muslim Personal Law, including the differential treatment of men and women in intestate succession.

A three-member bench headed by CJI Surya Kant sought responses on the plea filed by Imtiazussain Shahabuddin Mulla, which seeks a declaration that Muslim women are entitled to equality in matters of inheritance and succession, including rights in ancestral property.

The plea challenges the rules, practices, interpretations and application of Muslim Personal Law governing intestate succession to the extent that they provide different inheritance rights to male and female heirs solely on the ground of sex. The petition contends that such distinctions violate the constitutional guarantees of equality and non-discrimination and seeks parity between male and female heirs.


The challenge comes against the backdrop of the Muslim Personal Law (Shariat) Application Act, 1937, under which matters relating to intestate succession among Muslims are governed by Muslim Personal Law.