Supreme Court to examine if Indian Muslims can opt out of Shariat law without changing religion
- In Reports
- 04:02 PM, Apr 17, 2025
- Myind Staff
The Supreme Court of India has agreed to take up a critical case that could set a major legal precedent. The case will examine whether Muslims in India can choose to follow the country’s secular succession laws instead of Islamic Shariat law, without having to give up their religious identity. As reported by ANI, the petition was brought forward by Naushad K K, a resident of Thrissur in Kerala. On Thursday, a bench of Chief Justice Sanjiv Khanna and Justice Sanjay Kumar acknowledged the petition. Naushad argued that he wants to be governed by the same inheritance laws that apply to other Indian citizens, while continuing to follow Islam.
The court has sent notices to both the Union Government and the Kerala State Government, asking them to respond to the petition. According to ANI, the bench also ordered this case to be combined with other similar petitions already pending. One of those related cases involves Safiya P M, a resident of Alappuzha and the general secretary of the group ‘Ex-Muslims of Kerala’. In April last year, she had filed a similar petition, stating that while she was recognised as a non-believing Muslim, she wished to handle her ancestral property according to Indian succession laws instead of following Shariat rules.
The Supreme Court is also currently handling a third connected petition filed in 2016 by the 'Quran Sunnat Society'. This case is asking the court to clarify whether Muslims can choose not to follow personal laws in specific civil issues, like inheritance and property succession, without facing any religious repercussions.
On Thursday, Maulana Yasoob Abbas, General Secretary of the All India Shia Personal Law Board (AISPLB), expressed confidence in the Supreme Court. He said the Court’s remarks during the hearing on petitions challenging the Waqf Amendment Act had strengthened trust in the judicial system. In a statement to ANI, Maulana Abbas stressed the need to address such matters through constitutional means. He also called on people to maintain unity and brotherhood and ensure the country’s peace remains undisturbed.
"Today is the second day of the hearing, and I hope that the Supreme Court will do justice for us. The way the Court heard the case yesterday has raised our hopes. If the judiciary does not deliver justice, then where will a person go? We are trying to resolve all matters while staying within the framework of the Constitution," he expressed. "I will appeal to the people to maintain brotherhood and unity among themselves and not let anything happen that would disturb the peace of the country," Maulana Yasoob Abbas further said.
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