The All India Muslim Personal Law Board on Thursday criticised a petition in the Supreme Court of India seeking to invalidate Islamic inheritance rules, calling it “mischievous” and a violation of the constitutional guarantee of religious freedom.
Board spokesperson S. Q. R. Ilyas said the plea, reportedly filed by the Naya Nari Foundation, wrongly claims that Islamic inheritance laws discriminate against Muslim women.
Ilyas said such a challenge contradicts Article 25 of the Constitution of India, which guarantees the freedom to practise and propagate religion. He also cited the State of Bombay v. Narasu Appa Mali ruling, in which the Bombay High Court held that personal laws are not subject to constitutional scrutiny.
He rejected arguments that Islamic inheritance rules are not an essential religious practice, saying Islamic family laws are derived from the Quran and the Sunnah and are therefore obligatory for Muslims.
Addressing allegations of discrimination, Ilyas said Islam accords equal dignity to men and women while assigning different rights and responsibilities, noting that men are required to provide financial maintenance for families while women are not obligated to contribute their income.
Responding to remarks attributed to the Chief Justice of India suggesting the matter could be addressed through a Uniform Civil Code, Ilyas said Article 44 of the Constitution of India – which refers to such a code under the Directive Principles – is only a guiding provision and cannot be imposed without the consent of Muslims.
The board urged the Supreme Court to dismiss the petition seeking changes to Islamic inheritance law.
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