Muslim Personal Law Board condemns Supreme Court petition challenging Islamic inheritance law

The All India Muslim Personal Law Board (AIMPLB) on Thursday criticised a petition in the Supreme Court that seeks to invalidate Islamic inheritance law, even as the body described it as “mischievous” and a violation of the constitutional principles of religious freedom.

In a statement issued to the media, Board spokesperson S. Q. R. Ilyas criticised a Naya Nari Foundation plea in the court which reportedly argued that Islamic inheritance rules discriminate against Muslim women. The Board stated this was baseless and contrary to Article 25 of the Constitution, which guarantees freedom of religion.

Mr. Ilyas, underscored that the Bombay High Court had already clarified in the Narasu Appa Mali case that personal laws cannot be subjected to constitutional scrutiny. He also rejected the claim that Islamic inheritance law is not an essential religious practice. Islamic family laws, he said, are derived from the Quran and sunnah (tradition of Prophet Muhammad) and their observance is obligatory for Muslims.

Touching upon claims of discrimination, Mr. Ilyas said Islam grants equal dignity to men and women while assigning different rights and responsibilities. Responsibility of maintenance and household expenses rests on men, while women are exempt from such obligations and are free to use their personal income at their discretion, he claimed

He also referred to remarks attributed to the Chief Justice of India suggesting that the issue could be addressed through a Uniform Civil Code. He said Article 44 of the Directive Principles is only a guiding principle and cannot be imposed on Muslims without their consent.

Appealing to the Supreme Court, the Board urged the court to reject the petition seeking changes to Islamic inheritance law.