Sreelatha Menon/Trissur

Known to people as Shukkur Vakil, Advocate C Shukkur, and his academician wife Sheena Shukkur have pioneered a new movement among Muslim families in Kerala.

The Shukkur couple, parents of three grown-up daughters, re-registered their marriage under the Special Marriage Act, 1954, (SMA) nearly two decades after their marriage under the Muslim personal law.

This action may have looked bizarre, but it was done to ensure succession and property rights for their daughters and to spread awareness among other Muslims.

The Shukkurs were familiar with the difficulties faced by Muslim parents when it came to setting aside their life’s earnings for their children. The Succession clauses of the Shariat Application Act of 1937 handicapped Muslims, especially women, in the matter of inheriting what their spouses or parents have left behind.

Advocate C Shakkur with wife Sheena and daughters after re-registering their marriage

The Shukkurs decided to circumvent this by taking the drastic step. Shukkur decided to remarry his wife, but this time under the Special Marriage Act, which allows people of non-Hindu communities to marry outside their religious laws. This re-registration exempted him from following the personal law in the matter of making a will in favour of his three daughters.

This was in 2023, and Awaz-the Voice reported it.

The ‘remarriage’ of Shakkurs, which was done with a lot of fanfare, is still echoing through the countryside of Kerala. It has triggered a trend of re-registration of marriages by old Muslim couples, though no one does it openly.

Says Sukkur: I was a public figure, and I did this to create awareness. Usually, under Shariat, the children get only two-thirds of their parental property, while a third goes to siblings. Again, men and women don't have equal rights. So, of the parental property, if the boy gets 66 percent, the girl gets just 33 percent.

"Every day, people come and tell me that they have reregistered their marriage under SMA so that they are not bound by the succession clauses of the personal law, he says while driving back from a public meeting of the ruling CPM addressed by the Chief Minister in Nilambur in north Kerala.

“At least four people told me at the meeting today that they have registered their marriages again under the SMA, as they all had two daughters and did not want to deprive them of shares in their parents’ wealth. This practice is now widespread, ‘’ says Sukkur.

C Shakkur, wife Sheena with their three daughters

Most people are afraid of going against the Shariat, as most Semitic religions create the fear about the consequences that await them after death. Those who rise above these fears, as they value the future of their daughters, go quietly and re-register their marriages. No one publicises it, he says.

“People follow thse rules because they say the law is given by God. But if God is merciful, will he let children suffer when their parents die?” asks Shukkur.

Changes should be made to adjust to changing times, he adds, advocating for making Shariat optional for Muslims through an amendment to the Shariat Application Act.

He cites examples where Shariat has been interpreted to suit the changing needs of society. ``It is up to the Muslim community to interpret personal law /Shariat. In Dubai, for instance, Shariat is optional, and so people can will their property in the name of their offspring without applying the specifications mentioned in Shariat, ‘’ says Shukkur.

The Shakkurs at a movie theater

Even though his actions promoted the SMA as a solution of sorts, he feels it is not enough.

"Section 15 of the Special Marriages Act allows re-registration of marriages, and so we can do it. But it is no solution as many people cannot do it. Widows, widowers, divorcees, cannot benefit from this as only a married couple can re-register their marriages, ‘’ he says.

As for his case, he says that he did the exercise only for public awareness. "My brothers are affluent and do not need my money. My sister-in-law attended my re-registration ceremony. So our purpose was only to send a message to society that such a solution is possible,’’ he says.

He does not see any hope in the present Government’s actions, which is mulling of brining the Uniform Civil Code above personal laws. "The country is so diverse culturally that UCC would affect many communities and not just Muslims," he says.

He questions the sincerity of the Government regarding its desire to help Muslim women. "If the Indian government had wanted to help Muslim women, then it would have amended the Indian Penal Code, which still allows polygamy. Polygamy violates so many fundamental rights of women. It is emotional, financial, and physical abuse…It violates a woman’s right to dignity.’’ he says.

The Shakkurs speaking to media

Shariat should be made optional for Muslims by amending the Shariat Application Act of 1937, which is currently challenged and is under the consideration of the Supreme Court. As it exists, it is a violation of Articles 14, 21, and 16 as far as the wife and children are concerned, says Shukkur.

Succession rights under Shariat divides property of a deceased as follows:

If the husband dies, the wife gets ⅛ of his property.

If the wife dies, the spouse gets ¼ of her property.

If a parent dies, ⅓ goes to siblings; children get ⅔ of the balance.

He says that hardliners talk about him as an example to warn Muslims that grave punishment awaits them for the "sin" of violating Shariat.

But Shukkur laughs this off and says: "I know, I have succeeded in what I wanted."

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Meanwhile, the marriage registers across Kerala, which are filling up with re-registration of numerous married Muslim couples, vouch for his joyful confidence.