The Supreme Court on Friday agreed to hear a plea filed by a Muslim woman Who claimed the provision of shariat law to the Extend of not giving equal share to female compared to a male is discriminatory and violative of the rights under constitution.
A bench of justice Krishna Murari and Sanjay Karol furnished notice to the petitioners 11 siblings included 4 sisters.
The court was Hearing a petition filed by bhusha Avorom Kerala challenging the Kerala High Court order dated January 6, 2023.
Who claimed That it is her unfairness that being a daughter, according to shariat law ,she was only allotted half the shares as of her male counterparts.
The plea, filed by advocate Bijo Mathew Joy, said Bushra is a decree Holder in a partition Suit whereby according to preliminary decree dated January 19,1995 .she was allotted 7/152 shares of the scheduled property having 1.44 acres by the apex court.
Bhusha said in her plea, it is the unfairness of the petitioner that in spite of guarantee of the constitution, Muslim women are subjected to discrimination.The section 2 of Muslim personal law(shariat) Application Act , 1937 to the extend of not giving equal share to a female compared to a male is violative of article 15 of the constitution and therefore void as per as 13 of constitution.
The High Court in First Appeal, without even looking into the records and without considering my aforesaid objections to the Commission report erroneously dismissed the appeal,” she said.
Bushara sought interim order from the apex court restraining her siblings from alienating 80.44 cents of scheduled property as per advocate commissioner’s report dated July 25, 2022.
Written by:-Anushka yadav ba.llb 2 nd semester at Rnb global University bikaner rajasthan
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