Supreme Court to Examine Testamentary Autonomy for Muslims under Secular Law

The Indian Supreme Court is set to review the legality of Muslims opting for secular succession laws over traditional Shariat without renouncing Islam. Naushad K K, a petitioner from Kerala, seeks legal recognition for Muslims' testamentary autonomy, challenging religious constraints imposed by Shariat and their compatibility with constitutional rights.

The Indian Supreme Court has agreed to examine whether Muslims can opt to be governed by secular Indian succession laws instead of Shariat without renouncing their faith.

The court's decision comes after a plea by Naushad K K from Kerala's Thrissur district. He seeks the right for Muslims to execute wills under secular laws without violation of their religious and constitutional rights. Notices have been issued to the Centre and Kerala government for their input on the matter.

This legal action challenges the restriction under Shariat, which allows Muslims to bequeath only a third of their estate. Naushad argues this infringes upon rights guaranteed under the Constitution, such as Article 14 and 25, highlighting the need for testamentary autonomy irrespective of religious identity.

(With inputs from agencies.)