16Anusha Soni
A Muslim couple from Kasaragod district, Adv. Shukur and Dr. The news of Sheena getting remarried under the Special Marriage Act was much debated. The two got married in a traditional nikah two decades ago.
The couple has decided to leave the limits of the Muslim Inheritance Act and give the entire property to their daughters. This couple has no sons.
According to the traditional law of succession, daughters are given only two-thirds of their parents’ property. The remainder will go to male heirs.
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However, it is not true that the couple got married again. Their marriage was registered under Section 15 of the Special Marriage Act. With this, their marriage can be brought under the umbrella of religious neutral civil laws. All secular laws relating to succession apply to them if they come under civil law.
Secondly, it is not correct to say that under Muslim personal law, parents cannot give their property to their daughters. According to this law, parents can give their property to their daughters as “Hiba” or gift during their lifetime. In this regard, there are many ways and solutions in Muslim personal law.
According to this couple, the right of succession is the same for sons and daughters. It should be able to see it that way. At the same time, this incident has caused many discussions related to Muslim personal law.
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In a male-dominated society, women’s right to succession was not given due importance. It was the same in all religions. Hindu women got the right to own property only two decades ago. It was the end of many legal battles.
Until the 18th century, English common law defined women as property owned by men or husbands. They had no property rights. Until 2004 there was no right to ancestral property or agricultural land. The 2005 amendment brought equal rights for women.
The observation brought in 2022 regarding the rights of tribal women is also significant on this occasion. The Supreme Court had asked why tribal women were not given the same rights as tribal men under the Hindu Succession Act.
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Meanwhile, the law that Muslim women have rights to their husband’s or father’s property has existed for over a thousand years. Although they do not get the same amount of property as men. A portion of the property is given to women. A wife or a daughter cannot be completely excluded from the right to property. They are also recognized heirs. Therefore, a proper interpretation of personal laws is required at this juncture. And the need for relaxation of personal rules.
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