In a significant development, the Supreme Court of India has agreed to deliberate on whether Muslims in India can opt for the secular Indian succession law over Shariat for managing ancestral properties without renouncing Islam. The decision came following a plea by Naushad K K, hailing from Thrissur, Kerala, advocating for such a choice while maintaining his religious beliefs.
Chief Justice Sanjiv Khanna and Justice Sanjay Kumar, presiding over the matter, have issued notices to both the Central and Kerala state governments, seeking their detailed responses on the matter. The case is set to explore the complex interplay between religious personal laws and the secular legal framework governing inheritance and property rights in India.
This pivotal case has been linked with similar petitions, including one from Safiya P M, an Alappuzha resident and the general secretary of ‘Ex-Muslims of Kerala’. Safiya, identifying as a non-believer but culturally associated with Islam, seeks the right to manage her ancestral assets under Indian law rather than Shariat.
Another related petition by the ‘Quran Sunnat Society’ filed in 2016 is also under review. The Supreme Court’s decision to consolidate these cases indicates the broader implications of their potential rulings, which could set a precedent on how personal religious laws intersect with secular rights in India’s diverse legal landscape.
