After 29 years of marriage, a Muslim couple from Kasaragod remarried under the Special Marriage Act in 2023 to secure their daughters’ property rights, sparking public debate on Muslim Personal Law and the Uniform Civil Code. Under Muslim law, daughters inherit only part of their father’s property, with the remainder going to male relatives. The article examines the intersections of Muslim personal law, family, and property rights in Kerala. It traces how colonial legal legacies shaped Muslim entrepreneurial practices and social mobility. The succession strategies draw attention to a process of judicial harmonisation between different legal orders—a key feature of state-enforced religion-based family law in India. 

During our research on Muslim entrepreneurship in Kerala, we came across the unusual remarriage story of Shukkur and Sheena. Both lawyers, the couple decided to remarry—not for romantic reasons, but for legal ones. Their first marriage was a nikah ceremony; therefore, in terms of succession under Islamic principles, their three daughters could only inherit two-thirds of their property, and the remainder would go to Shukkur’s brothers.1 To avoid this, they remarried under the Special Marriage Act (SMA), 1954, which allowed them to write a will and ensure that their daughters inherit everything.2 In India, religion-based personal laws that govern marriage, divorce, adoption, inheritance, and succession are recognised under the country’s constitutional provisions, ensuring religious freedom. At the same time, there is the provision for sidestepping religion-based laws if one gets married under the SMA.3 

To continue reading, become a subscriber.

Explore our attractive subscription offers.

To gain instant access to this article (download).

(Readers outside India)

© EPW