Even as a debate rages over a Uniform Civil Code (UCC) in the country, a Kerala Muslim couple in their early fifties entered into a marriage contract on March 8 in Kasargod, the northernmost district of the state. The act may have far-reaching consequences in their community, more so than their personal lives, as it has triggered a discussion on International Women’s Day about “gender disparity that prevents Muslim girls from inheriting their parents’ assets”.
The couple remarried under the Special Marriage Act, with their three daughters witnessing it. Advocate C Shukkur, 53, known as Shukkur Vakkeel, is a lawyer by profession and a former government pleader. He acted in the 2022 film ‘Nna Thaan Case Kodu’ (Sue Me) as an advocate and his namesake. Dr Sheena Shukkur, 51, was the first woman to become a Pro Vice Chancellor (PVC) and one of the youngest in Kerala to hold the post in the state when she joined Kottayam-based MG University (MGU) in 2013.
Though they were the same people, there was a contrast between the first and second marriages. The first one at Cheruvathoor on October 6, 1994, solemnised by then Muslim League supremo Panakkad Syed Hyder Ali Shihab Thangal was a “Nikah”, under “Sharia”, the Islamic legal system, while the second at the Hosdurg sub-registrar office situated at Kanhangad was a registered marriage under the Special Marriage Act passed by Parliament in 1954.
The couple decided to remarry to overcome the legal hurdle of inheritance to three daughters as they have no male progeny. Advocate Shukkur had given 30 days’ notice, which is mandatory for marriages under the Special Marriage Act, on February 3.
“Shouldn’t my (our) life savings go to my three children? What is the doubt? They have to get it. But will they get it? What a question! No, that’s it," stated Shukkur on Facebook while announcing his plan for the second marriage.
The reason is The Muslim Personal Law (Sharia) Application Act of 1937, he said. “According to this law, the law of Muslim succession in India is Muslim Personal Law or Sharia. This 1937 law does not say anything about what Sharia is. But according to the approach taken by our courts based on the book Principles of Mahomedan Law written by Sir Dinshaw Fardunji Mulla in 1906, only two-thirds of my/our property will be given to our children after our death. The remaining share belongs to our brothers," he said.
As per Article 14 of the Constitution, everyone has equal rights, irrespective of religion, caste, or gender, said Shukkur. “Regrettably, this right is denied to the daughters of a practising Muslim," he added.
The Special Marriage Act says that the succession to the property of any person solemnised under it will be governed by the Indian Succession Act.
However, the remarriage has created a storm in the community with fierce criticism from many major organisations.
The Malappuram-based Council for Fatwa and Research of the Darul Huda Islamic University has termed the act “anti-Islamic with a selfish motive”. “Vakkeel is trying to bypass Islamic law which permits brothers to inherit one-third of the assets of parents without male progeny. We will ‘defend’ the moves to mock the rules of the religion and demoralise the believers," it said in a statement.
The Mujahid Girls and Women (MGM) group said the couple were “tools in the hands of anti-Muslim forces”. “The inheritance laws of Islam are valid through all ages. Those who doubt it are either those who refuse to accept the divine law or those who may think of loss while following the same. The people will realise the ridiculous situation of those who are married under Islamic law entering a registered marriage. The community must identify those who seek attention through these kinds of gimmicks while the UCC is a threat in the country. The anti-Islamists disguised as the reformists must stop paving the red carpet to UCC," said a statement issued after a state-level meeting of MGM.
However, Shukkur responded that if he were attacked, the responsibility would be on those who made the call for “defence” against him. “I did not disrespect the religious rules or weaken the spirit of the believer,” he said.
Shukkur said there was no need for “defence” against him. “If anyone dares to attack me sportingly by using the word ‘defence’ wrongly, the people who issued this statement will be fully responsible,” he posted on Facebook.
Earlier in 2015, Sheena Shukkur sparked a controversy by claiming that she and her spouse “got a government bungalow and car for standing under the green flag of the Muslim League”.
Sheena Shukkur made these remarks while inaugurating a family meet organised by Cheruvathoor Kerala Muslim Cultural Centre (KMCC) affiliated with the Muslim League in Dubai when she was the PVC.
The then governor P Sathasivam, in his capacity as chancellor of the university, had asked then MGU vice chancellor Babu Sebastian to conduct an inquiry into the allegations against Sheena Shukkur for attending the meeting of a political organisation outside the country without prior permission.
Her husband was appointed as a government pleader after the Congress and Muslim League came to power.
Read all the Latest India News here