Shariat Act Discriminatory Towards Muslim Women, Gives Higher Share To Men In Property Partitions: Plea In Supreme Court, Notice Issued

A Special Leave Petition has been filed before the Supreme Court contending that partition of family property as per Shariat Law is discriminatory towards Muslim women inasmuch as it does not give equal share to a female compared to a male.

"In spite of guarantee of the Constitution, Muslim women are subjected to discrimination," the plea filed by Bushara Ali states. She is a decree holder in a partition suit whereby she was only allotted ½ the shares as of her male counterparts.

Bushara was allotted 7/152 shares in her ancestral property whereas her male counterparts were granted 14/152 shares.

She thus challenged Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 as being violative of Article 15 of the Constitution. The plea filed through Advocate Bijo Mathew Joy adds that the Act is a pre-constitutional legislature which would fall directly within Article 13(1) of Constitution of India.

A division bench comprising Justices Krishna Murari and Sanjay Karol today issued notice in the matter.

The plea raises a question of law as to whether Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, to the extent of not giving equal share to a female compared to a male is violative of Article 15 of the Constitution and therefore void as per Article 13 of Constitution?

Case Title: Bushara Ali v. Irfan Ahammed & Ors.