‘Declare 'Muslim Personal Law unconstitutional’ : Muslim woman’s petition in the HC

Bhopal (Madhya Pradesh) – A 60-year-old woman named Husna from Datia, Madhya Pradesh, has challenged the Muslim Personal Law of 1937 (Shariat) in the High Court. She has filed a petition seeking to declare the law unconstitutional and grant daughters an equal right to their father’s property. The petition argues, “Despite the Constitutional right to equality, Sharia law discriminates against daughters. It is essential that sisters receive the same share of their father’s property as their brothers.” The Madhya Pradesh High Court has scheduled a hearing on this petition for the third week of October.

A Mu$l!m woman files a petition in Madhya Pradesh High Court to declare ‘Mu$l!m Personal Law’ as unconstitutional.

👉 Such incidents make it evident why Uniform Civil Code is necessary in India.#ucc_आ_रहा_है #highcourt pic.twitter.com/HvOf4QWNKl

— Sanatan Prabhat (@SanatanPrabhat) September 29, 2024

The petition filed by Husna”s lawyer, Pratip Visoria, argued that Sharia law was originally created in Arab countries and questioned why it is applied to Muslims living in India. The petition stated that after independence, the Constitution should have led to an amendment of Sharia law, but this was never done. It also references wealth distribution as outlined in Islamic holy scriptures. The petition further pointed out that, after independence, the Hindu Succession Act of 1956 was established for Hindus, but no new law was created for Muslims. (Does this not reflect the Congress party”s long-standing neglect and bias against Muslim women ? – Editor).