On March 8, citing the occasion of International Women’s Day, a couple who had been married for 29 years reaffirmed their vows under the Special Marriage Act in order to ensure that their property and assets would transfer to their three daughters.
In first of its kind incident, Dr Sheena, the former pro-vice chancellor of Mahatma Gandhi University, and eminent attorney and actor C Shukkur, who is well known for his portrayal as a lawyer in the Kunchacko Boban film Nna Thaan Case Kodu (Sue Me Then), got married on Wednesday under the Special Marriage Act.
According to the reports, the couple first got married in October 1994 and their wedding was conducted by Indian Union Muslim League leader Panakkad Syed Hyder Ali Shihab Thangal. In western nations, it is typical for couples to redo their vows when they commemorate significant anniversaries. However, C Shukkur and Dr Sheena followed a unique method to re-register their marriage due to particular criteria required under Muslim inheritance laws.
Due to the fact that their previous union was governed by Sharia law, which is Muslim Personal Law, their daughters would have only received two-thirds of their father’s estate, with the remaining portion going to Shukkur’s brothers, in the absence of an heir.
The couple remarried under the Special Marriage Act, which stipulates that the Indian Succession Act would control the succession of property of any person solemnized under it, in order to ensure that their property passes on to their children.
Shukkur said that he had previously experienced two near-death encounters, which caused him to reflect on his daughters’ future and whether or not they would receive all of his assets.
He was worried since the Muslim Personal Law (Shariat) Application Act of 1937 and the court’s interpretation of the law state that when a father has no boys, only two-thirds of his property should go to his daughters and the remaining one-third should belong to his brothers. He said in his statement that it is also against Sharia law to leave a will.
Shukkur expressed his expectation that remarrying under the Special Marriage Act will contribute to the abolition of unfair inheritance rules that favour sons. “May Allah raise the self-confidence and dignity of our daughters. All are equal before Allah and our Constitution. The decision to get remarried is not meant to defy anyone or anything or the Sharia law as it exists presently. We are only exploring the possibility that Muslim Personal Law will not affect those who marry through the Special Marriage Act. Sheena and I are remarrying for our children,” he was quoted.
“When teaching at college or while speaking at some public forum, after it gets over, many parents come to me and ask whether this (the inheritance issue) is right. We have been hearing this for years. We could ask someone to do something about it or we have two options — take the legal route or show the way through our life choices. We should do what we can,” Sheena added.
The Muslim Personal Law (Shariat) Application Act, of 1937 regulates succession for Muslims in India. Two categories of legal heirs—sharers and residuaries—are recognised by this Shariah-compliant regulation.
There are twelve categories of legal heirs who are entitled to a portion of the inheritance: (1) Husband, (2) Wife, (3) Daughter, (4) Daughter of a Son, (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.
Aunts, uncles, nieces, nephews, and other distant relatives could be residuary heirs. The value of their share is subject to several circumstances. For instance, if a couple has lineal descendants, the wife inherits 1/8 of her husband’s estate. If not, she gets a quarter of the share. Girls are not allowed to get more than half of what sons do. Reportedly, a Muslim’s wife or children who practice another faith are prejudiced since the only beneficiary of a Muslim’s estate is another Muslim.
The couple has now chosen to register their marriage under the Special Marriage Act. Any marriage celebrated outside the parameters of the Special Marriage Act may be registered under the Act, according to Section 15 of the SMA. The procedure for registering an existing marriage would be the same as solemnizing a new marriage. The couple, in the recent case, has re-registered their marriage in order to ensure that their property passes to their three daughters.
