LI Network
Published on: November 23, 2023 at 01:41 IST
The Supreme Court has rejected a writ petition challenging the Shariat Application Act, 1937, which governs Muslims in India concerning matters like intestate succession, marriage, and maintenance.
The petitioner, Sabina Yusuf Lakdawala, sought equal rights in succession for Muslim women, arguing that the Act violates constitutional provisions.
The Court, comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia, declined the plea, stating that the issue falls under the legislative domain.
The Act applies Shariat law to various aspects of Muslim life. Lakdawala argued for a Uniform Civil Code and contested the Act’s provisions on grounds of constitutional violation. The Court, however, emphasized that such matters require legislative action.
Advocating for her fundamental rights, Lakdawala sought an equitable right of inheritance from her late husband’s estate, challenging the Act’s provision limiting her entitlement to 12.50 percent.
The petitioner underscored the need for a Uniform Civil Code and urged the judiciary to address issues of public welfare. The Court’s decision affirms the legislative authority in determining equal rights across religions.