The Kerala government will vouch for the legal and Constitutional validity of the Shariat law by holding it as the “real expression of the Prophet” and uphold its significance in all aspects of the Muslim Personal Law, especially on law of inheritance.
The State will soon file an affidavit in the Supreme Court stating that the law of inheritance and all other branches of law relating to the the Muslim Personal Law contained in the Shariat law are also in accordance with the provisions of the Constitution.
The affidavit will be filed in a Special Leave Petition filed by the Khuran Sunnath Society and others challenging a Kerala High Court order which rejected their plea to declare that the practice followed by the Muslims regarding the inheritance of Muslim women was violative of the principles of the Constitution. They had argued that the Muslim Personal Law had discriminated against women and violated their Constitutional rights for equality before the law, prohibition of discrimination on the grounds of religion, race, caste and sex, and freedom of speech and expression.
However, the Kerala High Court, which held that it cannot adjudicate on the petition, left it for the legislature to consider the issues and frame a law.
However, the State government decided not to legislate on the issue after a high-level meeting of religious leaders and other stakeholders convened by the State government unanimously requested it to continue with the existing practices and procedure.
The State would argue before the apex court that one who belongs to the Muslim community cannot complain about discrimination on the basis of the principles recognised by Islam. If the petitioners feel that the principles of inheritance are against their understanding of Islamic law, they have the liberty to act according to their conscience. However, they cannot get their views enforced through a court of law, which is bound by the principles of classical Muslim law, the State would argue.
The government would oppose the contention of the petitioners that women are discriminated on inheritance and argue that the contention is incorrect and unsustainable, legal sources indicated.
Published - December 13, 2022 09:04 pm IST
