Kerala Woman Who Left Islam Moves SC to Be Governed by Secular Statutes Rather Than Sharia

New Delhi: The Supreme Court on Monday, April 29, sought Centre's response to a plea filed by a Kerala-based woman, who was born a Muslim, now a non-believer, and should govern by secular statutes rather than Sharia law, according to the media reports. 

The woman filed a plea that she wished to be governed by the secular law of the country, viz, the Indian Succession Act, 1925 instead of Muslim Personal law in matter of inheritance, as per media reports. 

A three-judge Bench headed by Chief Justice of India D.Y. Chandrachud said P.M. Safiya, a resident of Alapuzha district and represented by advocte Prashant Padmanabhan, has raised an pertinenet issue. 

Issuing formal notices to the Centre and the State of Kerala, the case is posted for detailed hearing in July. 

Padmanabhan submitted that the Supreme Court has already highlighted that the “fundamental postulate of secularism which treats all religions on an even platform and allows to each individual the fullest liberty to believe or not to believe”.

Padmanabhan further submitted that a person who leaves her faith should not sustain any disability or a disqualification in matters of inheritance or other pertinent civil rights.

“Persons who do not want to be governed by the Muslim Personal Law must be allowed to be governed by the secular law of the country, viz, the Indian Succession Act, 1925 both in the case of intestate and testamentary succession,” the plea stated.

“The petitioner wishes to get a declaration that she shall not be governed by Muslim Personal Law for any of the matters listed in Sections 2 or 3 of the Muslim Personal Law [Shariat] Application Act, 1937, but there is no provision either in the Act or in the Rules wherein she can obtain such a certificate. There is a clear vacuum in the statute which can be plugged by judicial interpretation,” the petition stated.