Elite Muslims In Kerala Re-Wed Under SMA To Beat Bias, Empower Daughters

Remarriages among the elite muslim community in Kerala are in vogue these days. It is not everlasting love between spouses which is prompting this new trend, but to ensure their hard-earned wealth and properties remain with their children after their demise. What began as a few isolated remarriages is rapidly becoming a powerful movement that questions the long-held authority of religious organisations over personal lives. For generations, the unequal division of property, where sons inherit twice as much as daughters, has been justified as divine law. Couples, who all along accepted this without questioning, are rewriting the narrative. They are using secular legal frameworks to ensure that their daughters and wives are treated as equals. Defying century-old patriarchal interpretations of personal law, a growing number of muslim couples are turning to the Special Marriages Act (Section 15) to secure equal inheritance rights for women. One of the latest to take this step is 76-year old Basheer and 72-year old Hasanath from Palakkad. They remarried to ensure that their daughters get equal share in property. “This is not a rebellion against faith. It is a demand for justice within it,” says Neju, State Convener of Forum for Gender Equality Among Muslims. Neju was one of the first to get remarried to her husband, Ismail, as early as December 10, 2024. “After our marriage, many approached us quietly to know how they could do the same. Hundreds of couples have already chosen this path to avoid pressure from Mahal committees and to protect the future of their daughters.” Prominent Islamic scholar C H Musthafa Moulavi revealed that he knows of a prominent Islamic leader who remarried under the SMA to safeguard his daughters. The current system is unfair to women. In Egypt and Tunisia, where Islamic law is followed, inheritance is distributed equally.