The court underscored that altering personal laws is a legislative matter, asserting the need for reforms in Muslim inheritance laws to align with constitutional mandates of equality.

J U D G M E N T

Ashok Bhushan, C.J.

This Writ Petition filed as a Public Interest Litigation prays for the following reliefs:

“(a) To declare that the practice now followed by the Muslims based on Shariat, which is a Law under Article 13, in regard to inheritance of Muslim women is violative of Articles 14, 15, 19, 21 and 25 of the Constitution of India and therefore, void and unenforceable.

(b) To issue such other writs, orders or directions as this Honourable Court may deem fit and proper in the circumstances of the case.”

2. Writ Petition has been filed by several petitioners. The 1st petitioner claims to be a Society, viz., Khuran Sunnath Society founded for the faithful and correct implementation of Quran. The 2nd petitioner claims to be an Organization working mainly for the prevention of certain practices which are discriminatory and particularly against women. The 3rd petitioner is a Muslim by birth, a citizen of India and resident of Kerala who has only two daughters. The 4th petitioner is also a Muslim by birth who has three daughters. The 5th petitioner is the President of an Organization, viz., 'NISA', a progressive Muslim Women's Forum.

3. Petitioners plead in the Writ Petition that the Shariat law which is applicable with regard to succession in Muslim Community is based on misinterpretation of various Quranic principles. It is pleaded that there is discrimination on the ground of sex in so far as inheritance is concerned regarding females in Muslim Community, i.e., a female child does not get equal share to male child born to Muslim father. A female child gets less share as compared to her brother. Petitioners submitted that the misinterpretation of holy Quranic edicts as now practiced in India leads to patent discrimination against female children alone, while the sons who succeed to their mother's or father's property need not share any portion of the inherited properties with anyone of the deceased's relatives other than spouse and parents of the deceased. It is further pleaded that among Shiyas and Sunnis also there is a distinction regarding succession. It is pleaded that if a deceased Muslim happens to leave only daughters, those daughters will not get a share equivalent to that of the share she would get if she was a male and will have to share the properties along with not so close relative of the deceased. At the same time if the deceased leaves only a male child, he takes the entire property needing to share it only with the spouse and parents of the deceased. It is submitted that it will lead to brazen discrimination among Indian citizens only on the ground of sex. Petitioners further submitted that Muslim Scholars and legal experts have always given opinion that the Shariat law is not immutable and should receive change contextually responsive to social needs. It is further pleaded that various Muslim Countries including Pakistan, Egypt, Malaysia, etc., have introduced legislation to implement the true Quranic principles by changing the law on various subjects. It is further submitted that religious practices cannot be altered, Shariat certainly can be made more practicable and workable to adapt itself to the changing needs of the Society. Petitioners submitted that inequality meted out to women among Muslims in the matter of inheritance and succession will have to be removed and they should be given equal right in terms of the great constitutional principles under Articles 14, 15 and 25 of the Constitution of India. It is pleaded that Muslim Personal Law as followed in the present day carries discrimination based on gender in the matter of inheritance which cannot have the acceptance of the constitutional principles enshrined in Articles 14, 15, 19, 21 and 25 of the Constitution of India. On the aforesaid pleadings petitioners have filed the Writ Petition.

4. In the Writ Petition counter affidavits have been filed by the respondents including counter affidavit by the Union of India, State of Kerala, Musli