Supreme Court Signals UCC as Potential Path Forward in Muslim Inheritance Dispute

New Delhi – The Supreme Court of India on Tuesday indicated that a Uniform Civil Code (UCC) may be the most effective solution to a petition challenging provisions of Muslim personal law regarding inheritance rights for women. The court heard arguments concerning whether existing laws discriminate against Muslim women by granting them a smaller share of inheritance compared to men.

The Core of the Dispute

The case, POULOMI PAVINI SHUKLA Vs UNION OF INDIA (D No. 67256/2025), centers on the constitutionality of the Muslim Personal Law (Shariat) Application Act of 1937. Petitioners argue that the Act perpetuates discriminatory inheritance practices that violate the fundamental right to equality guaranteed by the Indian Constitution. Advocate Prashant Bhushan, representing the petitioners, contended that inheritance is a civil right and not an essential religious practice protected under Article 25 of the Constitution.

Court Concerns: A Potential Legal Vacuum

The bench, led by Chief Justice of India Surya Kant and including Justices R. Mahadevan and Joymalya Bagchi, expressed concern about the potential consequences of striking down the 1937 Act without a replacement statute. Chief Justice Kant questioned whether invalidating the Act would create a “complete vacuum,” leaving Muslim women without any legal framework governing inheritance. He noted, “In our over-anxiety for reforms, we may end up depriving them and they might end up getting less than what they are already getting.”

Referencing the Shayara Bano Precedent

Bhushan argued that the Court’s 2017 decision in the Shayara Bano case – which struck down the practice of instant triple talaq as unconstitutional – established a precedent for intervening in personal laws that violate fundamental rights. He asserted that Muslim women should be entitled to equal inheritance rights as men. However, the court questioned whether it could adjudicate the constitutionality of personal laws, referencing the Narasu Appa Mali decision, which suggested personal laws are not subject to constitutional tests.

The UCC as a Potential Resolution

Chief Justice Kant stated, “The answer is Uniform Civil Code,” suggesting that the implementation of a UCC could resolve the issue of discriminatory inheritance practices. Justice Bagchi echoed this sentiment, noting that the directive principles of state policy call for a UCC and that deferring to the legislature’s wisdom in enacting such a code may be the most appropriate course of action. He too pointed out inconsistencies in the application of the “one wife for one man” rule across different communities, questioning whether the Court could unilaterally declare bigamous marriages unconstitutional.

Next Steps

The Court indicated it would be more inclined to intervene if the petition was brought by Muslim women themselves seeking to be freed from the constraints of the Shariat Act of 1937. The bench requested that Bhushan amend the petition to include specific suggestions for remedies should the Shariat inheritance provisions be struck down. The matter was adjourned after Bhushan agreed to the amendment.

Key Takeaways

• The Supreme Court is considering a challenge to the Muslim Personal Law (Shariat) Application Act of 1937 regarding inheritance rights for Muslim women.
• The Court expressed concern about creating a legal vacuum if the Act is struck down without a replacement.
• A Uniform Civil Code was suggested as a potential solution to the issue.
• The Court has requested the petitioners to amend their plea to suggest remedies if the Act is invalidated.