SC FILES A PLEA, SHARIAT ACT DISCRIMINATORY TOWARDS MUSLIM WOMEN, GIVES HIGHER SHARE TO MEN IN PROPERTY PARTITION

The Supreme Court in the case Bushara Ali v. Irfan Ahammed & Ors observed and has filed a plea wherein it is contended that the partition of family property as per Shariat Law is discriminatory towards Muslim women in as much as the female are not given equal share as compared to a male.

In the present case, the Muslim women are subjected to discrimination, in spite of guarantee of the Constitution. The petition is moved by Bushara Ali states as she being a decree holder in a partition suit whereby she was only been allotted ½ the shares as of her the male counterparts. However, Bushara has also been allotted 7/152 shares in her ancestral property whereas her male counterparts were being granted 14/152 shares. Before the court, it has been challenged by her that Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 as being violative of Article 15 of the Constitution of India. Thus, the petition filed through Advocate Bijo Mathew Joy added that the Act is a pre-constitutional legislature which would fall directly within the Article 13(1) of Constitution of India.

The division bench comprising of Justice Krishna Murari and Justice Sanjay Karol in the case observed and has issued notice in the matter.

Accordingly, the petition filed raised question of law as to whether Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, which being to the extent for not giving equal share to a female as it is being compared to a male which being violative of Article 15 of the Constitution of India and therefore the same is void as per Article 13 of Constitution of India?