1.

WHETHER THE LAWS OF SHIA AND SUNNI DISCRIMINATING

AGAINST WOMEN REGARDING INHERITANCE ARE VOID?
It is humbly submitted before the Hon’ble Court that the laws of Shia and Sunni
discriminating against women regarding inheritance are void. Such discrimination is contrary
to Articles 14 and 15 of the Constitution of India and cannot seek protection enshrined by
Articles 25 and 26 of the Constitution. It must be noted that despite the guarantees conferred
by the constitution, muslim women are subject to discrimination.
It is pleaded before the Hon’ble Court that the issues related to the inheritance of muslim
women are not merely related to a policy matter but to fundamental rights of women under
Articles 14, 15 and 21 of the Constitution.
In the case of denial Latifi vs Union of India1, although the constitution bench did not address
the said issue but the court held that Article 21 included right to live with dignity which
supports the plea that a muslim woman could invoke fundamental rights in such matters.
Then in the case of John Vallamattom vs Union of India2 that laws dealing with marriage and
succession are not part of religion. Law has to change with time.
In Charu Khurana vs Union of India3, this Court considered the issue of gender
discrimination in the matter of denial of membership of “Cine Costume Make-up Artists and
Hair Dressers Association” in film industry. It was held that such discrimination violates
basic constitutional rights. In the case of mohammad Ahmad Khan vs Shah Bano4 the
discriminatory rights of muslim women was challenged and the judgement created some
relief from the muslim hegemonic culture.
Muslim societies discriminate against women from cradle to grave. 5 Muslim personal law is
not only a form of discrimination, but it also seemingly disadvantages women in many areas.
The unequal rights become the main source of subordination of women, and such social
constructions are maintained as a tool for women’s oppression.6
Hence it is pleaded before the Hon’ble Court to declare that the provisions of Sunni and Shia
laws discriminate against females in their share as compared to males of the same status and
thus such provisions must be declared void as discriminating against females only on the
grounds of sex.

1
(2001) 7 SCC 740
2
(2003) 6 SCC 611
3
(2015) 1 SCC 192
4
AIR 1985 SC 945
5
Siddiqi and Sarala, 2001, 295
6
Hasan, 2005, 121