SC links Muslim inheritance law challenge to Sabarimala verdict, tests Article 25(2)(b) limits

Hindustan Times - India · 11 Sept 2026 · 2 min read
Prelims · Polity Mains · GS2 Polity and constitution High relevance

The Supreme Court suggested that petitions challenging gender-discriminatory Muslim inheritance laws under the 1937 Shariat Act may await the Sabarimala verdict, as both cases examine judicial limits in religious matters under Article 25(2)(b).

Key points

Muslim Personal Law (Shariat) Application Act, 1937 faces constitutional challenge for allegedly discriminating against women in inheritance shares, with petitioners arguing it violates gender equality principles.

Article 25(2)(b) becomes pivotal as the Court examines whether Parliament or judiciary should reform religious personal laws, given its provision for social welfare legislation affecting religious practices.

[GS2-Polity] The case connects to fundamental rights jurisprudence by testing the interplay between Articles 14, 25 and 26 - balancing equality, religious freedom, and denominational rights.

Sabarimala reference (2018) becomes legally consequential as its pending 9-judge bench verdict on judicial review of religious customs may set precedent for this inheritance case.

Central Government represented by Solicitor General sought a week to file its response, indicating the state's cautious approach to reforming Muslim personal laws.

[GS1-Society] The challenge reflects India's ongoing tension between uniform civil code aspirations (Article 44) and protection of minority personal laws under constitutional pluralism.

Judicial restraint appears evident as the Court defers to the Sabarimala verdict rather than creating parallel jurisprudence on religious reforms.

Way Forward: India needs a phased approach - first establishing gender-just principles through judicial interpretation of existing personal laws, then building consensus for comprehensive reforms through Law Commission recommendations and inter-community dialogues.

Key terms

Article 25(2)(b)

Constitutional provision allowing state intervention in religious matters for social reform and temple access. It enables legislation to open Hindu religious institutions to all classes/sections, forming the basis for judicial review of discriminatory religious practices while balancing fundamental rights.

Muslim Personal Law (Shariat) Application Act, 1937

Legislation governing inheritance, marriage and divorce for Indian Muslims. Its Section 2 on intestate succession is challenged for prescribing unequal shares - daughters receive half of sons' inheritance, testing constitutional validity against gender equality principles.

Sabarimala Reference

Pending 9-judge bench decision examining whether courts can strike down religious customs that discriminate against women. Originated from 2018 verdict allowing menstruating-age women's temple entry, now expanded to examine limits of Articles 25-26 vis-à-vis Article 14.

Uniform Civil Code

Directive Principle (Article 44) advocating common personal laws for all citizens. While Goa shows a working model, implementation nationally remains contentious due to federalism concerns and minority rights protection under Articles 25-30.