NEW DELHI,11 March 2026 : The Supreme Court on Tuesday suggested Uniform Civil Code to give equal rights to Muslim women along with men in the property rights.
Chief Justice Surya Kant was, however, cautious that the court does not deprive the Muslim women in a hurry. Advocate Prashant Bhushan said removal of the Shariat provisions will ensure them rights under the Indian Succession Law of 1925.
The top court, however, held that the policy decision and the law require the final decision by Parliament and the government. It was hearing a writ petition challenging the provisions of the Muslim Personal Law that does not give Muslim women rights equal to men.
The petition was heard by the bench of the Chief Justice and Justices Joymalya Bagchi and R Mahadevan. Justice Bagchi noted a judgment that the personal law cannot be tested on the anvil of the Constitution. The petitions were some Muslim women who wanted the law to have share in the ancestral property.
The Bench felt that if the Shariat is removed, it will create a legal zero since there is no other law for the Muslim succession.
Advocate Prashant Bhushan argued that the succession law is a civil right and it cannot be treated as a “necessary religious practice” under religious freedom (section 25). He gave an example of the court’s ruling in the case of the triple talaq held as unconstitutional.
Justice Bagchi said implementation of the UCC comes under Parliament’s jurisdiction. On the bench probing what can be the alternative legal arrangement after quashing the succession under Shariat. Prashant Bhushan agreed to amend the petition, following which the Court deferred further hearing.
Picture credit social media
