Islamic body objects to Muslim couple’s remarriage to ensure rights of daughters
text_fields
A Muslim couple from Kerala’s Kasaragod district was in the news lately for marrying again after almost 30 years of marriage.
Advocate and actor C Shukkur and his wife, Dr Sheena, former Pro-Vice Chancellor of Mahatma Gandhi University, solemnised their marriage on International Womens Day on March 8 at the Sub-Registrar's office at Kanhangad in Hosdurg taluk of Kasaragod district in the presence of their daughters.
The couple, whose nikah had taken place on October 6, 1994, renewed their vows under the Special Marriage Act (SMA) saying that their decision was due to certain conditions imposed by Islamic inheritance laws and hence to ensure the financial security of their three daughters.
Now, the Council for Fatwa and Research, under Darul Huda Islamic University in Malappuram, has asked Muslims to resist the couple’s decision to register their marriage again.
“According to the law of inheritance in Islam, if the deceased father has only daughters, then two-thirds of the property should be divided between the father's sisters and brothers. Shukkur is forced to remarry because of his narrow-minded thinking that his siblings should not get any part of his property,” the statement said.
Shukkur and Sheena’s decision sparked a debate over gender discrimination. The reason for Shukkur’s concern was that according to the Muslim Personal Law (Shariat) Application Act of 1937 and the stand taken by the courts, only two-thirds of the father's property goes to the daughters and the rest would go to his brothers if there was no male progeny.
The couple has three daughters.
In a Facebook post, Shukkur revealed that his near-death experiences in the past were what prompted him to think about what he was leaving back for his daughters and whether they would inherit all of his savings and property.
According to Shukkur, under Sharia law, leaving behind a will is not permitted, he said in his post. However, Sharia law permits will to the extent of one-third of the total assets owned by a person, but it cannot be made in favour of those who are otherwise entitled to inheritance.
He pointed out that his daughters would face gender discrimination just because they were born as girls and the only way out was to remarry under the SMA.
The couple who have been married for 29 years said that through their decision, they hope to bring about a change and end gender discrimination faced by daughters in Muslim families thereby helping to boost their self-confidence and dignity.
‘May Allah raise the self-confidence and dignity of our daughters. All are equal before Allah and our Constitution,’ he said in his post.
The Council for Fatwa and Research, who believes that the true ownership of wealth belongs to Allah, has termed the couple’s decision as an insult to Islam.
‘A person’s earning and its use should be done only according to the conditions that Allah determines. Those who believe in the Creator and accept the perfection of his laws will not have any confusion about this. Believers will not be fooled by such drama by those who use religion only for their own selfishness,” the council’s declaration said.
In response to the council’s statement, Shukkur said that any violence caused due to their declaration that urges people to resist the couple’s move, will be the responsibility of the organisation.
The couple has been facing harassment online since the news broke out.
“Why so much show off? What are you getting from the Union government?” one user asked. ‘You are a selfish person who doesn’t want to share their assets with their siblings. You are very cunning to do these things to please certain people who are in power, another commented.
‘A lawyer who does not value relationships. A lawyer who hesitates to distribute property to his children while he is still alive. He is cheating people’, said another comment.
‘We are only exploring the possibility that Muslim personal law will not affect those who marry through the Special Marriage Act. Sheena and I are remarrying for our children,’ Shukkur said.
‘We just want to secure our daughters' future’, he told the reporters.
‘When teaching at college or while speaking at some public forum, after it gets over, many parents come to me and ask whether this (the inheritance issue) is right’ Sheena said.
"We have been hearing this for years. We could ask someone to do something about it or we have two options -- take the legal route or show the way through our life choices. We should do what we can," she added.
‘The objective of celebrating the 'second knot' with Facebook posts, newspaper articles and TV debates is clear: Muslim personal law should be rediscussed, paving the way for a uniform civil code,’ political analyst and advocate Jayasankar said in a Facebook post.
‘They were Indian Union Muslim League (IUML) sympathisers until recently, and they received enlightenment recently. They became Marxists and decided to correct the Islamic Sharia,’ he added.
While many doubted the couple’s intentions, several others extended their support as well.
'Today the step he has taken is an eye-opener to every liberal Muslim in this country. I couldn’t be there with him for his “second marriage” but I’m there with him in spirit and the courageous stand he has taken. All the best to you and your “newly wedded wife” and the family that comes along with it… Send us the honeymoon pictures,” Academy Award winning sound designer Resul Pookutty said, as quoted by TNM.
“Article 14 of the Indian Constitution provides equality. There should be no discrimination based on gender. My daughters are denied the rights and privileges that are enjoyed by sons of my siblings or women of other communities. This inequality happens because they follow Islam or because they are the children of parents who follow Islam. This creates a negative impact on them. My children should get equal rights. The issue of inheritance of assets is secondary,” Shukkur said.