An ‘ex-Muslim’ woman’s fight for a secular property law

Safiya, however, was thrust into the limelight due to the fact that she is astatine the bosom of a ineligible conflict for spot rights of Muslim women who are present non-believers.

Based connected her writ petition, which says that she, a non-believer, would similar to beryllium governed by the Indian Succession Act, 1925, and not the Muslim Personal Law oregon Sharia, the Supreme Court had connected January 28 asked the Centre to record a reply.

Her petition reads, “The practices nether Sharia instrumentality (Muslim Personal Law) are discriminatory towards Muslim women and interruption the cardinal rights guaranteed nether the Constitution. The crushed wherefore the petitioner is not pursuing the tenets of Islam is discriminatory practices of Sharia law. It volition beryllium a nonaccomplishment of justness if the petitioner is to beryllium governed by Sharia law, adjacent if she officially leaves the religion”. Moreover, Sharia dictates that if a idiosyncratic renounces Islam, they are to beryllium excommunicated and are not entitled to immoderate stock successful the household estate.

Safiya says her travel to the Supreme Court has been an arduous one. “My combat is not conscionable for myself, but for Muslim women who cannot permission each of their spot to their daughters. The Muslim Personal Law does not let maine to permission each my spot to my daughter. Only 50% of the spot tin beryllium near to a miss kid (under Sharia), portion the remainder is divided among antheral relatives,” she tells The Indian Express.

A divorcée since 2004, she says she raised her daughter, who is present 25 years old, single-handedly.

She says that nether Sharia, her begetter U A Muhammed, 71, a communist and a non-believer himself, volition not beryllium capable to disagreement his spot arsenic betwixt his children — Safiya and her autistic brother. As per the Muslim Personal Law, a Muslim pistillate cannot inherit much than one-third of her family’s property if determination are different heirs. If she is the lone heir, a Muslim pistillate tin inherit lone 50% of the household estate, adjacent arsenic the remainder goes to antheral relatives.

“Under the idiosyncratic law, my begetter cannot constitute a volition that leaves the spot to my member and me,” she says.

Safiya says she was unaware of the pitfalls of the idiosyncratic instrumentality till she faced favoritism nether it. “If a secular UCC tin assistance lick the issue, I americium each for it,” Safiya says.

However, respective Muslim organisations, including the All India Muslim Personal Law Board, person opposed UCC, calling it “discriminatory”. As per these Muslim organisations, UCC prevents Muslims from practicing the tenets of Islam, including its idiosyncratic law.

Safiya says her organisation has thrown its value down her successful her fight. “We are called ‘ex-Muslims’ due to the fact that we look favoritism from the assemblage if we permission the religion. On the different hand, we besides person to woody with the phobia towards Muslims since we were calved Muslims,” Safiya says, adding that her organisation had received enactment from mean radical who had near the tenets of Islam.

She says her organisation raises consciousness astir patriarchal practices successful assorted religions, including Islam. Talking astir however astir religions bash not springiness adjacent rights to women, she says, “If a religion keeps telling you that you are lone fractional a quality being with fractional the rights, wherefore would you privation to travel it?”