– Mohammed Atherulla Shariff
Kodungalloor (Kerala): An instance of deviation from Islamic Shariah under the pretext of gender equality has emerged in Kerala. Neju and Ismail registered their marriage after 36 years under Special Marriage Act (SMA) after it was originally conducted according to Islamic traditions 36 years ago.
On December 10, Human Rights Day, Neju and Ismail climbed the steps of the sub-registrar office, Kodungalloor. Accompanied by Ismail’s parents, Neju’s sister, daughter, and relatives, the couple registered their marriage under the SMA (Section 15).
They said the move aimed at challenging the gender discriminatory provisions of the British era Indian Shariat Act, particularly its inheritance laws, which they argued were ‘outdated, un-Islamic and violated human dignity’.
Failing to understand the wisdom of Shariah, especially the laws of inheritance, wherein equity prevails over equality, the Kerala couple sought refuge in SMA.
We are here to initiate a conversation about these laws that contradict the teachings of the Quran and perpetuate injustice, said Neju the state convenor of Forum for Gender Equality among Muslims (FORGEM) and Ismail, underscoring the need for internal reforms within the religious communities driven by protest movements within.
Dr. Khadeja Mumtaz, state chairperson of FORGEM, and PK Pokker, former Director of the state Institute of Languages were among those to support the couple’s cause.
Dr. Pokker said property rights and citizenship were inseparable. True citizenship was only achieved when equal rights were also granted, particularly to women.
Marriage as per SMA was not about preventing male heirs from inheriting but rather a social movement aimed at empowering the women and lifting their dignity.
Dr. Mumtaz said when the Islamic community was facing fascists’ oppressions, religious leadership should recognise women’s rights and foster social unity in the antifascist struggle, instead of deepening gender divide.
All such arguments under the concern of reformation and women dignity and empowerment have fetched bitter results in the society around, still people succumb to such naive narratives.
