• UGI USER
  • Apr 30, 2024
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SC EXAMINES IF MUSLIM PERSONAL LAW APPLIES TO EX-MUSLIMS

Why in the news ?

The Supreme Court considers a petition questioning whether ex-Muslims should be governed by Muslim Personal Law or secular laws.

 source:TH

About the Legal Argument:

  • The Supreme Court issued notice to the Centre and Kerala on a writ petition filed by Safiya M, a former Muslim.
  • Safiya seeks a declaration that individuals who renounce Islam should not be governed by Muslim Personal Law but by secular laws, citing the Shariat Act of 1937.
  • Initially hesitant, the three-judge bench, led by Chief Justice D Y Chandrachud, agreed to consider the petition.
What is the The Muslim Personal Law (Shariat) Application Act ?

●   The Muslim Personal Law (Shariat) Application Act was enacted in 1937.

●   Aimed to formulate Islamic law for Indian Muslims.

●   British colonial rulers aimed for governance aligned with cultural norms.

●   Quranic writings give precedence over written text for Muslims.

●   Mandates aspects of Muslim social life: marriage, divorce, inheritance, family relations.

●   Specifies non-interference by the state in personal disputes.