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The Muslim woman wants to follow the secular property law, the Court seeks a response from the center

The Muslim woman wants to follow the secular property law, the Court seeks a response from the center

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New Delhi:

In the midst of a national debate on a uniform civil code, the Supreme Court has asked the center if a person born in a Muslim family can follow secular laws in property matters or is obliged to comply with Sharia, Muslim personal law. A bank led by the president of the Supreme Court of India, Sanjiv Khanna, has given the center four weeks to present an answer and published the next hearing for May 5.

The petitioner in the matter is Safiya PM of Kerala. She has said she wants to leave her property to her daughter. His son is autistic and his daughter takes care of him, says the request.

Under the Sharia, a son gets twice the part of a daughter if the property of the parents is divided. The petitioner has said that in his case, if his son dies due to Down syndrome, his daughter will get only one third of the property and the rest would go to a relative.

Safiya has said in her request that she and her husband are not practicing Muslims, so it should be allowed to distribute it according to the guidelines of the Indian Succession Law. Currently, the Law of Succession of India does not apply to Muslims. Safiya’s request challenges this.

When the matter appeared in the Court, Attorney General Tushar Mehta said it is a “very interesting case.”

The case is developed in the context of the impulse of the BJP by a uniform civil code with common civil laws for all citizens, regardless of religion. While criminal laws are common, laws that govern inheritance, adoption and succession differ between certain communities. Those who oppose a uniform civil code argue that such a step would stop religious freedom and threaten the diversity of India.

Uttarakhand became the first state to implement a uniform civil code. Prime Minister Pushkar Singh Dhami said that this marked a historical moment for the State and emphasized that the law is designed to guarantee equal rights for citizens, regardless of caste, religion or gender. “UCC is a constitutional measure to end legal discrimination. Through this, it has been tried to provide the same rights to all citizens,” he said.

In his speech to the nation on Independence Day, Prime Minister Narendra Modi said that the Supreme Court has given several directions regarding a common civil code.


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