Petition Before Kerala High Court Challenges Provisions Of Muslim Personal Laws, Alleges Gender Bias In Intestate Succession

A Petition has been moved before the Kerala High Court challenging various provisions of the Muslim Personal Law (Shariat) Application Act, 1937 and the Muslim Personal Law (Shariat) Application (Kerala Amendment) Act, 1963 on the ground that they discriminate between male and female Muslim intestate successors.

Justice V G Arun recently admitted the plea and directed the Government Pleader to get instructions. The matter will be taken up immediately after the vacation. 

In the petition moved through Advocate Atul Sohan, the validity of Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 and the substituted Section 2 of the Muslim Personal Law (Shariat) Application (Kerala Amendment) Act, 1963 has been challenged on the ground that "it is "violative of Article 15 of the Constitution of India".

The plea seeks for a declaration that the said provisions "are void to the extent of discrimination on the ground of sex."

The petition has been moved by a Muslim woman whose father died intestate in 1981. She had filed a suit for partition claiming shares as per Shariat.    However, according to the petitioner, female children are discriminated against male children as the female successor only inherits half of what a male successor inherits under the Shariat.

"The allotment of share discriminating a Muslim woman from a Muslim man as 1:2 is Constitutionally bad, against the fundamental right enshrined in Article 15 of the Constitution," the plea argues, adding that such "discrimination" is also against Article 13 (1) of the Constitution.

The lower court had passed the decree following Shariat law and allowed her only half of the share allotted to her brothers. The appeal challenging the final order of the lower Court is pending before the High Court. 

"The petitioner, without getting advice regarding the violability of Shariat Acts under the Constitution filed the suit ... and Preliminary decree was passed. The Decree passed by the Sub-Judge Vatakara being against Fundamental rights enshrined under Part III of the Constitutional of India cannot be said to be estopped or can the right be said to be waived by the petitioner," the woman has argued in the writ petition.

Case Title: Bushara Ali v. Union of India and Ors.