SC to examine whether Muslims can be governed by succession law instead of Shariat

The Supreme Court on Thursday agreed to examine a contentious issue whether Muslims can be governed by secular Indian succession law to deal with ancestral properties instead of Shariat without renouncing their faith. A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar took note of a plea filed by Naushad K K, a resident of Kerala's Thrissur district, that he wanted to be governed by the succession law instead of Shariat without leaving Islam as his religion.

It issued notices to the Centre and the Kerala government on his plea and asked them to file their responses.

The bench ordered tagging of the plea with similar pending cases on the issue.


Earlier in April last year, the bench had agreed to consider a plea of Safiya P M, a resident of Alappuzha and general secretary of 'Ex-Muslims of Kerala', that she is a non-believer Muslim woman and wanted to deal with her ancestral properties properties under the succession laws instead of Shariat.

Another similar plea filed in 2016 by 'Quran Sunnat Society' is also pending in the top court which will now hear the three petitions together.