To guarantee complete inheritance rights for their three daughters, C Shukkur, an advocate, and his wife Dr Sheena Shukkur of Kerala, remarried on Women’s Day under the Special Marriage Act. The couple had initially wed in October 1994.
A Muslim couple from Kerala, in their early fifties, recently entered into a marriage contract in Kasargod on International Women’s Day, sparking a discussion about the gender disparities faced by Muslim girls in inheriting their parents’ assets. The couple remarried under the Special Marriage Act, with their three daughters as witnesses.
C Shukkur, also known as Shukkur Vakkeel, is a 53-year-old lawyer and former government pleader, who played the role of an advocate in the 2022 film ‘Nna Thaan Case Kodu’. His wife, Dr Sheena Shukkur, is a 51-year-old former Pro Vice Chancellor at MG University in Kottayam, who was the first woman to hold the post and one of the youngest in Kerala to do so when she joined in 2013. This act of remarriage may have significant consequences in their community beyond their personal lives, particularly regarding the ongoing debate about implementing a Uniform Civil Code (UCC) in the country.
The couple’s first and second marriages presented a noticeable contrast. Their initial wedding took place in Cheruvathoor on October 6, 1994, officiated by the then Muslim League leader Panakkad Syed Hyder Ali Shihab Thangal, according to the Islamic legal system or “Sharia.” The second wedding, on the other hand, was a registered marriage under the Special Marriage Act of 1954 and took place at the Hosdurg sub-registrar office in Kanhangad.
The couple’s decision to remarry was prompted by the need to overcome the legal barrier preventing their three daughters from inheriting their assets since they do not have any male heirs. Advocate Shukkur gave the required 30 days’ notice for marriages under the Special Marriage Act on February 3.
Advocate Shukkur explained that his decision to remarry under the Special Marriage Act was motivated by the desire to ensure that his life savings are inherited by his three children. He expressed frustration with the Muslim Personal Law (Sharia) Application Act of 1937, which governs Muslim succession in India and only allows two-thirds of his property to be inherited by his children, with the remaining share going to his brothers. Although the law does not specify what Sharia is, the courts have interpreted it based on the book Principles of Mahomedan Law by Sir Dinshaw Fardunji Mulla in 1906.
Shukkur pointed out that Article 14 of the Constitution grants equal rights to all individuals, regardless of their religion, caste, or gender. He expressed regret that this right is not extended to the daughters of Muslim parents. According to the Special Marriage Act, the Indian Succession Act governs the succession to the property of anyone who enters into marriage under it. However, the couple’s decision to remarry has caused controversy in the community, with strong opposition from several major organisations.
The Darul Huda Islamic University’s Council for Fatwa and Research in Malappuram has criticised the couple’s act, calling it “anti-Islamic” and done for selfish reasons. According to the council, Advocate Shukkur is attempting to circumvent Islamic law, which allows brothers to inherit one-third of their parents’ assets if they have no male heirs. They vowed to “defend” Islamic rules against those who seek to mock them.
The Mujahid Girls and Women (MGM) group has accused the couple of being “tools in the hands of anti-Muslim forces.” They claimed that Islamic inheritance laws are valid for all time and that those who doubt them either refuse to accept divine law or fear loss if they follow it. They also warned that those who enter into a registered marriage after getting married under Islamic law will be seen as ridiculous. They urged the community to identify those who seek attention through such gimmicks and called on anti-Islamists posing as reformists to stop advocating for a Uniform Civil Code.
Shukkur, in response to the Council for Fatwa and Research and MGM’s criticism, denied disrespecting religious rules or beliefs. He also stated that those who called for “defence” against him would be held responsible if he were attacked. Shukkur’s wife, Sheena Shukkur, had previously sparked controversy in 2015 by claiming that they received government benefits for supporting the Muslim League. She made these remarks while inaugurating a family meet organised by Cheruvathoor Kerala Muslim Cultural Centre in Dubai, affiliated with the Muslim League, during her tenure as PVC.
Following the allegations, an inquiry was conducted by the then vice chancellor of MGU, Babu Sebastian, at the behest of the governor, P Sathasivam, who was also the chancellor of the university. Shukkur himself was later appointed as a government pleader after the Congress and Muslim League came to power.
Source: https://www.news18.com/india/muslim-couple-in-kerala-remarry-after-29-years-to-ensure-their-daughters-inherit-all-of-their-property-7244167.html
