The Supreme Court has agreed to hear a petition that questions whether a Muslim individual can opt to be governed by the Indian Succession Act, 1925, instead of Muslim Personal Law (Shariat) Application Act, 1937, without renouncing their religion.

The petition, filed by Kerala-based Naushad K.K., marks a rare instance of a Muslim man seeking to be exempted from the application of Shariat law in matters of inheritance while continuing to practice Islam.

A bench comprising Chief Justice of India Sanjeev Khanna and Justice Sanjay Kumar on April 15 accepted the petition for consideration and announced that it would be heard alongside two similar cases filed by Muslim women from Kerala—Safiya P.M. and Bushara Ali—who had earlier approached the apex court challenging what they described as discriminatory inheritance rules under Muslim Personal Law.

Safiya, who identifies as a non-believer, argued in her 2024 petition that Muslim women are entitled to only one-third of ancestral property under the Shariat, and requested the court to instead allow application of the Indian Succession Act, which ensures more equitable distribution. Her plea, along with that of Bushara Ali, is already under consideration by the court.

The bench has now clubbed Naushad’s case with the two pending matters and issued notices to both the Union government and the Kerala state government, seeking their responses.

The case could have far-reaching implications for personal law jurisprudence in India, as it raises fundamental questions about religious identity, gender justice, and the right to choose a legal framework for succession independent of one’s faith.

An earlier 2016 petition on the same issue, filed by the Quern Sunnat Society, also remains pending before the top court.