In India, property and marital issues are resolved by each religion's law. For example, property is shared among adherents of the Hindu, Sikh, Jain, and Buddhist faiths by the rules of the Hindu Succession Act of 1956.
In parallel, conflicts involving succession and property are resolved by the Shariat Act of 1937. According to Muslim law, a daughter born into a Muslim family only receives half the share in the father's property compared to her brother, unlike Hindu law, where the daughter is equally entitled to the father's property. There has been a lot of debate concerning Muslim women's property rights ever since a Muslim woman challenged this rule in the Supreme Court.
Muslim succession-related conflicts are resolved by the Shariat Act of 1937. The heirs are distributed among the assets according to personal law. When a person passes away, his son, daughter, widow, and parents receive a portion of his assets. A clause states that the daughter will receive half of the son's estate. After her spouse passes away, the widow receives one-sixth of the estate.
If a Muslim daughter has no children, she is permitted to live in her father's home immediately after marriage or even after a divorce. However, if the child is an adult and can care for his mother, then the law states that the Muslim woman is now responsible for her children.
Questioning the provision of half the property from sons.
The Supreme Court has considered a challenge to Sharia law's requirement that Muslim women receive half as much of the family's assets as men. This matter is still being heard. A Supreme Court application has been submitted by a woman named Bushra Ali. She claims it is discriminatory that she received just half of the property allocation compared to the male member.
According to the petition, Muslim women receive a smaller portion of the family's assets than men. This is because Section 2 of the Muslim Personal Law is being contested. This part breaks Article 15 of the Constitution. Before the law, discrimination based on caste, religion, gender, and other factors was prohibited under Article 15.
