Centre defends Sharia law on inheritance for women
The Union law ministry on Monday told the Kerala high court that the allegation made by the Khuran Sunnath Society and others that Muslim women were discriminated against on inheritance was absolutely incorrect and unsustainable.
The ministry made the submission on a petition submitted by the society and others seeking a declaration that the practice now followed by Muslims in regard to inheritance for women was in violation of the Constitution and was therefore void and unenforceable.
In a counter-affidavit submitted by the additional secretary, Mr M.K. Narayanan Nampoothiry, the ministry said the petitioners were ignorant of the basic principles of Sharia law and that was why they were alleging discrimination.
As per the practice followed by the Muslim community, a woman was entitled to due share in the intestate property in her various roles as mother, daughter, sister, and wife in the manner it was bestowed on man in his various roles, said the ministry.
The Sharia law imposes all the financial responsibilities on men and women were exempted from bearing any expenses.
Further, it gives special importance to women for maintenance. Women were entitled to receive maintenance and enjoy a greater degree of preference to man, said the affidavit.
According to Sharia law, whatever may be the property a man or women inherits from ancestors or from others is his or her own absolute property.
The affidavit further submitted that if petitioners felt that the principles of inheritance were against their understanding of Islamic law, they had the liberty to act according to their conscience but that cannot be enforced through a court of law.
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