Petetion Challenging The Constitutionality Of Shariyat Law, Dismissed

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Case Law: Khuran Sunnat Society v. Union of India

In the case of Khuran Sunnat Society v. Union of India decided by Kerala High Court on 2 July 2015 presided by Chief Justice Ashok Bhushan and Justice A. M. Shaffique challenging the constitutionality of Shariat Law was dismissed. A writ petition filed by several petitioners in Kerala High Court challenging the rule applicable for inheritance for women in Shariat Law was violative and inconsistent with Artilce 14 r/w 15, 19, 21 & 25 of the Constitution. As in case of the death of a Muslim male and if he is left with only daughters then the daughters will not get equal share as she would have received as a male child instead she has to share the property with distant relatives whereas if a Muslim male dies leaving behind a male son then he will inherit all his property and only bears the sole responsibility of sharing it with his spouse, children and parents of the deceased. The counsels raised argument stating it being violative of the above provision and not in consonance with the changing needs of the society. The Judges referring to Maharishi Avadesh v. Union of India stated that the respondents cannot be directed to enact Shariat Law as these are matters to be decided by the legislature. In matters of changes in Personal Law cannot be adjudicated in a PIL and has to be the left at the wisdom of the Legislature. The Court stated that the court deciding the matter would result to a breach and would be interfering in the role of legislature and hence dismissed the petition.

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