Not Religion, it is about Women who like to be Equal!

Today, the Supreme Court of India made an important observation while hearing a petition about inheritance rights of Muslim women. During the hearing, the Court remarked that a broader reform like a Uniform Civil Code may ultimately be the solution to inequalities that arise under different personal laws.

It is important to remember that this conversation should not be limited to the category of “Muslim women” alone. At its core, the issue is about women as equal citizens. Whether a woman is Hindu, Muslim, Christian, or from any other community, her dignity and equality flow from the Constitution of India. When inheritance laws treat daughters differently from sons, the impact is not just religious or cultural, it becomes a broader question of gender justice. The debate therefore is not simply about reforming a particular community’s law, but about recognising that women, irrespective of religion, deserve equal rights and equal respect under the law.

Inheritance among Muslims in India is largely governed by Muslim Personal Law, which was formally recognised through the Muslim Personal Law (Shariat) Application Act, 1937.

Under traditional inheritance rules derived from Islamic law, a daughter usually receives half the share of a son. The reasoning behind this rule historically was that men were responsible for financially supporting the family, while women had different economic roles.

However, society today looks very different from when these rules developed. Many women contribute equally to family income, run businesses, and support their parents in old age. Because of this, the question being raised is simple: should inheritance laws also evolve with society?

It is also worth noting that several reforms in Hindu personal law, particularly through the Hindu Succession Act, 1956and its landmark amendment in 2005, have gradually moved towards recognising daughters as equal coparceners in family property, reflecting a more progressive shift toward gender equality in inheritance.

The petition before the Supreme Court of India argues that unequal inheritance may conflict with fundamental rights guaranteed under the Constitution of India. The argument is that if daughters are automatically given a smaller share purely because they are women, it may raise questions about equality under the Constitution.

Farah, a school teacher from Lucknow, grew up helping her father run their small shop. When he passed away, the family property had to be divided. Her brother inherited a larger portion of the house while Farah received a smaller share. She remembers feeling confused more than angry.

“I always thought my father’s house belonged to all of us,” she said. For Nazia, a widow raising two children in Hyderabad, inheritance could have made a huge difference. After her father died, most of the property went to her brothers. Without significant inheritance, she struggled to pay school fees and manage household expenses. “Inheritance isn’t just land,” she says. “It can decide whether you are financially secure or constantly struggling.” Her story is not unusual. Many women rely on inheritance as a safety net, especially during difficult phases of life.

During the hearing, the Supreme Court of India indicated that issues like unequal inheritance may be difficult to solve through individual court judgments alone. That is why the discussion around a Uniform Civil Code keeps resurfacing. A Uniform Civil Code would create a common set of rules governing marriage, divorce, inheritance, and adoption for all citizens, regardless of religion.

Supporters believe it could help ensure gender equality. Critics worry it might interfere with religious traditions. For many people, this debate is about constitutional law and policy. But for women like Farah and Nazia, it is much more personal. It is about financial security. It is about fairness within families. And sometimes, it is simply about feeling that daughters matter just as much as sons.

The Supreme Court of India has not yet given a final decision in the case. But the conversation it has started raises a question India cannot ignore forever:

Can equality promised by the Constitution coexist with unequal personal laws, or is reform inevitable?