The Supreme Court has flagged concerns that a rushed Uniform Civil Code could disadvantage Muslim women in inheritance by removing protective provisions in the Muslim Personal Law (Shariat) Act, 1937. The article highlights that MPL's restriction on testamentary powers (cannot will away more than one-third of property) safeguards women's shares, a feature absent in Hindu law and proposed UCCs. A just code, incorporating the best provisions from all laws, is emphasized over mere uniformity.
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- ›Article 44: Directive Principle for Uniform Civil Code
- ›Muslim Shariat Act: Enacted in 1937
- ›Target this Data: The Muslim Shariat (Application) Act was enacted in 1937.
- ›Target this Nodal Body: The Supreme Court (specifically, a bench led by CJI Surya Kant).
- ›Target this Legal Point: Under Muslim Personal Law, a person cannot will away more than one-third of their property.
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