Constitutional Equality And The Status Of Women’s Succession Rights In Muslim Law
- IJLLR Journal
- Jun 26
- 2 min read
Swathi K, LL.M. Department of Property Law, School of Excellence in Law, TNDALU.
Dr. P. Brinda, Associate Professor, School of Excellence in Law, TNDALU.
ABSTRACT:
The principle of constitutional equality, as enshrined under Articles 14, 15, and 21 of the Indian Constitution, guarantees every individual the right to equality before the law and equal protection of the laws. However, the practical application of this principle often faces challenges when examined against the backdrop of personal laws, especially in matters of succession and inheritance. This paper delves into the status of women's succession rights under Muslim personal law, critically analyzing whether such provisions align with the constitutional mandates of equality and non- discrimination. Muslim personal law, derived from the Quran, Hadith, and interpretations by jurists, provides women with defined inheritance rights. Yet, these rights are often less than those granted to male counterparts, leading to a perceived gender imbalance. For instance, a daughter typically inherits half the share of a son, and a widow’s share is limited compared to that of male heirs. While Islamic jurisprudence claims to provide for women within a well-defined framework of justice and responsibility, the apparent inequality in succession rights poses serious questions in light of constitutional equality.
The paper evaluates judicial pronouncements, such as Shayara Bano v. Union of India and Danial Latifi v. Union of India, to explore how the courts have interpreted the intersection of personal law and fundamental rights. It further examines the ongoing debate between the preservation of religious freedom (Article 25) and the need for a uniform civil code (Article 44), particularly in the context of gender justice.
Ultimately, the research seeks to identify pathways for reconciling religious personal laws with constitutional ideals. It calls for reforms—either through judicial activism or legislative action—to ensure that Muslim women receive equitable succession rights in harmony with the constitutional promise of gender equality.
Keywords: Constitutional Equality, Muslim Personal Law, Women's Succession Rights, Article 14, Article 15, Article 21, Gender Justice, Uniform Civil Code, Article 25.
