Kerala: On Women's Day Muslim Couple Remarries Under Special Marriage Act To Ensure Daughters Get Full Share Of Father's Property
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A Muslim couple from Kerala, Advocate C Shukkur and his wife Sheena Shukkur remarried today (8 March) on the occasion of International Women's Day.
However, this time they married under the Special Marriage Act of 1954 instead of the Muslim Personal Law.
The couple of 28 years took the decision because under the Muslim Law of Inheritance, their three daughters would get only two-third of Shukkur's property upon his demise and the rest would go to his brother (their uncle).
They said that the Muslim Law of Inheritance was discriminatory towards women and by remarrying under the Special Marriage Act, they would be governed by the Indian Succession Act of 1925. Under the Indian Succession Act of 1925, his three daughters would inherit the entire property.
Speaking to news channels, Shukkur said that there are other provisions of the Muslim law of inheritance which keep women at a disadvantage, some of which are as follows-
If the deceased man has children, the wife is entitled to receive one-eighth of the share, and if there are no children, she is entitled to receive one-fourth of the share.
If a person has a son and a daughter, the son gets double the share of the daughter.
If a person has more than one daughter, only two-thirds of the property is divided equally among daughters. (this is the scenario faced by Shukkur's family)
If a person has only one daughter, half of the property is inherited by her.
Written By:- Irfan Khan, 09 March 2023
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