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UCC Debate: SC Observations on Article 44, Muslim Personal Law Act 1937, and Inheritance Rights

Target:UPSC GS-IIMPSCTeachingSSC GAPrelims HighMains HighStatic GK Link
01 Apr 2026
~2 min
Source: Indian Express
Key Data:Article 44Muslim Shariat Act 1937Hindu Succession Act 1956Indian Succession Act 1925Dissolution of Muslim Marriages Act 1939Uttarakhand UCC 2024
Bodies:Supreme Court
Practice MCQs from today's news ▸
What This Article Covers

1.Supreme Court observations caution that a Uniform Civil Code (UCC) might deprive Muslim women of existing protections under Muslim Personal Law (MPL), particularly on inheritance.

2.The Shariat Act, 1937, codifies MPL and restricts testamentary powers (max one-third property can be willed), protecting women's inheritance shares—a feature missing in Hindu Succession Act and Uttarakhand UCC.

3.The Dissolution of Muslim Marriages Act, 1939, provides progressive divorce grounds for women, and MPL treats marriage as a civil contract with mandatory consent and dower (mehar).

The Big Picture
Prelims · HighMains · High

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.

Exam Lens

Quick Exam Facts From News

Article 44Directive Principle for Uniform Civil Code
Muslim Shariat ActEnacted in 1937
Testamentary Power Limit (MPL)Cannot will away more than one-third of property
Hindu Succession ActEnacted in 1956
Indian Succession ActEnacted in 1925
Dissolution of Muslim Marriages ActEnacted in 1939
Uttarakhand UCCEnacted in 2024

1-Minute Revision

  • ›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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Q1Static LinkageEasy

Which article of the Indian Constitution contains the Directive Principle of State Policy for a Uniform Civil Code?

Q2Statement-basedHard

Consider the following statements regarding personal laws mentioned in the article:

1. The Muslim Shariat (Application) Act, 1937, was enacted to override customs denying daughters inheritance.

2. Under Muslim Personal Law, a person can will away their entire property without any restrictions.

3. The Dissolution of Muslim Marriages Act was enacted in 1939, providing grounds for judicial divorce to Muslim women.

Which of the statements given above is/are correct?

Q3Data-centricMedium

According to the Muslim Personal Law as discussed in the article, what is the maximum portion of a person's property that can be disposed of through a will?

Q4Application/ImpactMedium

What is a key concern raised in the article regarding the implementation of a Uniform Civil Code (UCC) without restrictions on testamentary powers?

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