HC notice to Centre on plea against Muslim personal law on inheritance

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New Delhi : The Delhi High Court on Tuesday asked the Central government to file its response on plea alleging discriminatory practice in the Muslim personal law on inheritance and sought equal rights for Muslim women.

The court asked the Ministry of Law and Justice to respond on the issue and posted the case on April 9 next year.

The Centre told the court that the Law Commission has been examining the issue of Uniform Civil Code.

Seeking to amend the Muslim personal law on inheritance, the plea filed by NGO Sahara Kalyan Samiti said that the law fundamentally discriminates against women.

The plea claimed that Muslim women were discriminated on issues relating to sharing of property in comparison to their male counterparts.

Under the Muslim personal law, the male heirs, or sons, get twice the share of the daughters. This is in violation of the fundamental right to equality of women as enshrined under Articles 14, 19, 21 and other relevant provisions of the Constitution, it added.

It claimed that as per the Muslim personal law a wife shall receive an eighth of the property of her husband on his death if they have children. In case there are no children borne out of marriage, she is entitled to a fourth of the property. A daughter shall receive half of the share of a son.

It further said that in stark contrast, the men shall receive a fourth of the property of his wife on her death if they have children. In case there are no children out of the marriage, he is entitled to half the property. A son shall receive double the share of the daughter.

—IANS

1 COMMENT

  1. This is so because spending money is not a duty upon women for anything whatsoever including upon them. This duty is upon men. So they are given bigger share in property. Also regardless of all this men are duty bound to spend on everything and even if women are rich, they are not duty bound to spend on anything.

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