Who Is Safiya PM? Kerala Woman Renouncing Religious Law For Secular Equality

The Supreme Court of India has recently made a crucial decision by admitting a plea brought forth by a non-practising Muslim, echoing the sentiments of many who seek to be governed by the secular law of the nation rather than the Muslim Personal Law. Safiya PM, the general secretary of ex-Muslims of Kerala, spearheaded this plea, representing individuals who have chosen to disaffiliate from Islam and opt for governance under the Indian Succession Act 1925, particularly concerning matters of inheritance.

A Quest for Equality and Personal Liberty

Safiya, the general secretary of the ex-Muslims of Kerala, has presented her case before the highest judicial body in India. As a non-practising Muslim, Safiya advocates for the right to be governed by the Indian Succession Act 1925, rather than the Shariat Act 1937, particularly in matters concerning inheritance. She highlights the inherent inequality within the Muslim Personal Law, where women are entitled to only half of the inheritance compared to their male counterparts.

According to the Muslim Personal Law (Shariat) Application Act 1937, a Muslim woman's inheritance rights are severely limited. She cannot inherit more than one-third of her family's property, and in cases where she is the sole heir, she is entitled to only 50 percent of the estate, with the remainder allocated to male relatives

Born into a Muslim family, Safiya's decision to leave Islam stems from her belief that the religion's rules and conventions are inherently biased against women. Despite her departure from the faith, she finds herself ensnared in a legal quagmire where Islamic law dictates her rights to inherit and bestow her property. "I left Islam because the religion’s rules and conventions are against women. And yet, even after making such a decision, Islam is becoming a hindrance to me inheriting and giving away my property. There needs to be a solution to this," Safiya said in a conversation, as reported by The Print. 

Fighting Against Unfair Inheritance Laws

Safiya's plea resonates with many who seek equal rights, especially in the realm of property inheritance. Her petition, distinct from earlier efforts, focuses on individuals "born Muslim but wanting to leave the religion," reflecting a broader spectrum of voices within the community. The Supreme Court bench, led by Chief Justice DY Chandrachud, has recognized the importance of Safiya's plea and issued notices to the governments of India and Kerala. 

Safiya, as the general secretary of the Ex-Muslims of Kerala, a rationalist collective, has been at the forefront of advocating for equal property rights for women. The collective, established in 2020, represents a groundbreaking initiative, the first of its kind in any Asian country, challenging religious orthodoxy and promoting rational discourse. Safiya's involvement in the Khur’aan Sunnath Society's petition echoes her commitment to addressing the broader issues faced by individuals who choose to leave Islam.

While renouncing her faith is a personal choice, it is not sufficient to bypass the discriminatory provisions of the law. Section 58 of the Secular Succession Act explicitly excludes Muslims from its application, perpetuating the discriminatory treatment faced by individuals like Safiya in matters of inheritance and property rights. She must undergo a legal process to be officially declared a non-believer to avail herself of the Secular Succession Act. 

Safiya's plea resonates with the fundamental postulate of secularism, as enshrined in the Indian Constitution, which guarantees individuals the freedom to believe or not to believe in any religion. Her advocacy for a declaration under Article 32 of the Constitution exemplifies her resolve to secure her fundamental rights and challenge the hegemony of religious law.