Justice Vinod Chatterji Koul Affirms Women’s Rights in Islam, Cautions Subordinate Courts on Ignorance of Personal Law
Srinagar: In a landmark judgment, the High Court of J&K and Ladakh has settled a 43-year-old inheritance dispute, emphasising that Islamic inheritance laws are clear and unequivocal. Justice Vinod Chatterji Koul, while delivering the verdict, criticised subordinate courts for their lack of understanding of Muslim personal laws.
According to reports by Kashmir Life and Greater Kashmir, Justice Koul ruled in favour of a woman named Mukhti, granting her rightful share in her late father’s property. He stated that under Islamic law, a Muslim woman cannot be denied her rightful inheritance. Highlighting the significance of Quranic teachings, he remarked that Islamic principles of inheritance prioritise fairness and ensure that daughters are not overlooked.
Justice Koul, referring to Surah An-Nisa (Chapter 4, Verse 11 of the Quran), explained that Islamic inheritance laws allocate a daughter half the share of a son. He clarified that this distribution is based on men’s financial responsibilities, such as providing for their wives, children, and parents.
“The Quran mandates that daughters must be given their rightful share, and this is a divine obligation,” he said.
Interestingly, Mukhti, the petitioner, passed away during the prolonged legal battle, and her children – five sons and three daughters – continued the fight for justice. The case dates back to 1981, when Mukhti first moved the court after being denied her inheritance rights. In 1996, a division bench of the High Court ruled that Mukhti was entitled to one-third of her father’s property. However, due to non-implementation of the order, she filed another plea, only to pass away before the case was resolved.
The High Court has now directed all subordinate courts and revenue authorities to implement the 1996 decision without further delay. Justice Koul expressed dissatisfaction over the lack of awareness among revenue officials regarding Muslim personal laws, which led to erroneous decisions in this case.
This judgment underscores the importance of adhering to the Quranic principles of inheritance and serves as a reminder of the rights Islam grants to women.
