Explained: Why Did This Muslim Couple In Kerala Remarry On Women's Day Under Special Marriage Act?

A Muslim couple from Kerala's Kasaragod district remarried under the Special Marriage Act on International Women's Day to ensure their daughter’s financial security — a move which has received both criticism and approval on social media. 
Advocate and actor C Shukkur, known for his role as a lawyer in the Kunchacko Boban starrer ‘Nna Thaan Case Kodu’ (Sue me then), remarried his wife Sheena — former Pro-Vice Chancellor of Mahatma Gandhi University — under the Special Marriage Act (SMA) with all three of their daughters in attendance as witnesses to the joyous event.

The couple, whose nikah took place on October 6, 1994, got remarried on Wednesday morning at a Sub-registrar’s office at Kanhangad in Hosdurg taluk of Kasaragod district. 

Why has the couple remarried?

The couple decided to get remarried under the SMA as under the Muslim personal laws, which also govern inheritance of property, daughters will only get two-thirds of their father’s property and the rest will go to his brothers in the absence of a male heir.

While a Muslim higher educational institute in Kerala was of the view that every believer would strongly oppose the couple’s decision, Shukkur reacted to it on his Facebook page by saying that the educational institution would be responsible for any physical attack he faces from those who misinterpret the word “oppose”.

He also said that his decision was not aimed at disrespecting any religious beliefs or breaking the morale of believers and therefore, there was no need for any “strong opposition”.

He also hoped that the law enforcers, police, were paying attention to such statements.

What do Muslim inheritance laws say?

In India, the inheritance policy of Muslims is governed by the Muslim Personal Law (Shariat) Application Act, of 1937. According to this,  there are two kinds of legal heirs- sharers and residuary.

According to a report by Indian Express, a legal heir who gets a share in the inheritance are twelve categories --- (1) Husband, (2) Wife, (3) Daughter, (4) Daughter of a son (or son’s son or son’s son and so on), (5) Father, (6) Paternal Grandfather, (7) Mother, (8) Grandmother on the male line, (9) Full sister (10) Consanguine sister (11) Uterine sister, and (12) Uterine brother.

Residuary heirs can be aunts, uncles, nieces, nephews and other distant relatives. The value of their share depends on several scenarios.

The estate of a Muslim can only pass to a Muslim, which prejudices the wife or children following another religion.

What have been the reactions?

However, a prominent Sunni higher education institute in Kerala opined that the couple’s decision was an attempt to disrespect Muslim personal laws and Islam.

Meanwhile, congratulations poured in on social media in support of the couple’s decision with popular Indian film sound designer Resul Pookutty terming the move as an “eye-opener” for every liberal Muslim in this country.

“Today the step he has taken is an eye-opener to every liberal Muslim in this country. I couldn’t be there with him for his “second marriage” but I’m there with him in spirit and the courageous stand he has taken.

All the best to you and your “newly wedded wife” and the family that comes along with it,” Pookutty said in a Facebook post.

Those supporting the couple’s move also slammed the institute’s statement.

The institute, in its statement, also alleged that the Shukkurs were using religion for their own gains and this would not sway the actual believers.

It further said that if the lawyer wanted to leave all his wealth and property to his daughters, why not distribute it during his lifetime.

(with PTI inputs)