Many who talk of Women’s lib and their empowerment have preferred to ignore the glaring inequality of women’s rights under Muslim Personal Law in India. One important aspect relates to unequal inheritance rights of daughters wherein a daughter is only entitled to a share in property which is half of that of the son. If there is no son only 2/3rd of the property goes to the daughter and the remaining to the man’s brothers or other relatives. Also, the estate of a Muslim can only pass to a Muslim, which prejudices the wife or children following another religion.
After 29 years, advocate and actor C Shukkur, (known for his role as a lawyer in the Kunchacko Boban starrer ‘Nna Thaan Case Kodu’), remarried his wife Sheena — former Pro-Vice Chancellor of Mahatma Gandhi University — under the Special Marriage Act (SMA) in 2023 on Women’s Day with all three of their daughters in attendance as witnesses. The remarriage was done to save the property rights of his three daughters.
When a Muslim couple marries under the Special Marriage Act of 1954, they cease to be Muslims for the purpose of inheritance. Thereafter, their property is no longer governed by the Muslim Personal Law (Shariat) Application Act of 1937. The cascading effect of Shukkur’s initiative is now being witnessed on the ground. In the two districts where data was collected by them under RTI, Thrissur witnessed 144 registrations under the act, 133 such registrations were held in Kasaragod.
This trend, if it is indeed so, indicates one reason for the Uniform Civil Code proposed to be implemented by the BJP
