Kerala: Muslim couple remarrying to fight against gender discrimination in succession of wealth

Nearly three decades after their marriage, a Muslim couple from Kasargod in Kerala is getting married once again as part of their campaigns against the gender discrimination in the community with regard to inheritance of wealth by daughters.

Advocate and rights activist C Shukkur and his wife Sheena Shukkur, who is heading the law department at Kannur University, opted the International women's day on March 8 for their remarriage so as to give more effect to their campaign.

The two got married in 1994 October 6 as per the Muslim traditions and the couple now has three daughters. As per the Muslim Personal Law (Shariat)Application Act the daughters are entitled to only two-third of their property after their death and the remaining will go to his brothers. To protest against this disparity the couple decided to register their marriage under the Special Marriage Act against so that the daughters will be entitled to equal rights over their wealth as per the Indian Succession Act.

"I have no concern that my brothers will claim share of my property in future. We have been campaigning against this gender disparity for quite some time. This remarriage is part of our campaign," Shukkur, who is also an actor, told DH.

This is not a one off case. Even many prominent personalities, including judges, from the Muslim community had conducted their remarriage under the Special Marriage Act to protect the equal rights of their daughters on their wealth.

Kerala High Court former judge Justice B Kemal Pasha, who also had reregistered his marriage under the Special Marriage Act a few years back, said that it was high time that the Hanafi succession laws being practiced were amended.

"It is a blatant disparity towards women. Even sons are entitled to double the share that daughters get as per the Hanafi succession laws. I myself had advised many from the community to re-register their marriage under the Special Marriage Act to get rid of this disparity," he said.

He also said that Uniform Civil Code was not the solution to address the issue. Instead necessary amendments should be made in the Muslim personal laws and Hanafi succession laws.

Various forums for the rights of Muslim women have been pursuing the matter and petitions in this regard are also pending before courts.