Tuesday, December 27, 2016

India's Muslim inheritance law sexist, unfair

Every individual, at least in one stage of life, will be confronted by the religion he or she is born.
One can lead a non-religious life but from birth to death religion makes its presence in different forms predominantly in an individual''s various stages of life - Love, marriage, inheritance and even death.

The parents' religion determines a child's religion soon after his birth. Even before the child start realising the mundane life, religion is thrust upon them. I don't understand the prevailing system of issuing birth certificate bearing the religion of the child. Why the hurry to add religion as soon as a child is born? Let them choose their religion at a later stage.

My topic is the inheritance law.We all know India is a mixed community which follows a constitution framed out of various constitutions from across the world. In that sense it is a mixed document which has provided space for Sharia laws to be considered for the Muslim community in issues related to marriage and inheritance.

The two issues remain thorny in India even after the government made marriage registration a compulsory norm, The Muslims in India, in certain pockets, follow triple talaq system, which is not even allowed in Islamist nations. The country has been telling about a Unified Civil Code for a long time and no action has been taken so far. Even then inheritance issue is not given its due importance.

Born as a Muslim, I have seen men even in my family, which follows secular norms,  shamelessly claiming for two third of property rights. When they say is it is as per Sharia, I wonder when Sharia is not completely followed by Muslims in India or even in Indian personal law, why should they make such a claim. I also do not understand the need for separate law for Muslims in a democratic country like India. And why a male member should be given more in a social set up where women are not 'protected by males' as stipulated in Quran or which is being practised in Islamic societies.

Women bear the responsibility in the family as or more than any other male member in India. Then why should the men be given two third ? Will the religious heads show the courage to implement Sharia laws in its full form? Never. They know Indian Muslims are different. The government must go ahead with its initiative to integrate Muslims into the mainstream through a common civil code. Or there should be a consensus between the Muslim Personal Board and government to allow an option of two third of property for women who act as the family head or the breadwinner of the family.


  1. ഒരാളുടെ മേൽ മതം അടിച്ചേൽപ്പിയ്ക്കപെടുകയാണ് എന്നത് യാഥാർഥ്യം... തിരിച്ചറിവ് പൂർണ്ണമായും എത്താത്ത കുഞ്ഞുങ്ങളിൽ ചില വിഭാഗങ്ങൾ എങ്കിലും മതം ഒരു പാഠ്യ വിഷയമായി മാറ്റുമ്പോൾ പ്രശ്നം ഗുരുതരമാവുന്നുണ്ട്..