A Muslim couple in Kerala, India, recently registered their marriage under the secular Special Marriage Act to avoid the complexities and limitations of the Shariat legal code concerning inheritance laws. The couple wanted to ensure that only their three daughters could be their legal heirs, which is not possible under the Muslim Personal Law (Shariat) Application Act, 1937. In this article, we will discuss the intricacies of Muslim inheritance laws, the benefits of registering a marriage under the Special Marriage Act, and recent court rulings related to the Act.
Muslim Inheritance Laws In India, inheritance for Muslims is governed by the Muslim Personal Law (Shariat) Application Act, 1937. This legislation codifies Shariat law and recognizes two kinds of legal heirs – sharers and residuaries. Sharers are twelve categories of legal heirs that get a share in the inheritance, including the husband, wife, daughter, daughter of a son, father, mother, and full, consanguine and uterine siblings. Residuary heirs can be distant relatives, such as aunts, uncles, nieces, and nephews.
Under the Shariat law, a wife takes 1/8 share of her husband’s property upon his death if they have lineal descendants. If not, she takes 1/4th share. Daughters cannot inherit more than half of what sons inherit, and the estate of a Muslim can only pass to a Muslim, which prejudices the wife or children following another religion. Additionally, only 1/3 of the estate can be willed in favor of anyone. The remaining will still have to be divided as per the complex religious law. Therefore, a Muslim couple has no way under the religious law to make someone their sole heirs.
Remarrying under the Special Marriage Act The Special Marriage Act of 1954 (SMA) was passed by the Parliament on October 9, 1954. It governs a civil marriage where the state sanctions the marriage rather than the religion. The SMA enables marriage between interfaith or intercaste couples without them giving up their religious identity or resorting to conversion. The applicability of the Act extends to the people of all faiths, including Hindus, Muslims, Sikhs, Christians, Sikhs, Jains, and Buddhists, across India. The minimum age to get married under the SMA is 21 years for males and 18 years for females.
The SMA allows for any marriage celebrated not according to the provisions of the Special Marriage Act to be registered under the Act. This can happen when a ceremony of marriage has been performed between the parties, and they have been living together as husband and wife ever since; neither party has more than one spouse living at the time of registration; neither party is an idiot or a lunatic at the time of registration; the parties have completed the age of twenty-one years at the time of registration; and the parties are not within the degrees of prohibited relationship. The procedure for registering an existing marriage would be the same as solemnizing a new marriage.
Benefits of registering under the SMA
Registering a marriage under the SMA has several benefits. One of the most significant benefits is that the couple will be governed under secular law, and their marriage will be recognized as a civil marriage. The SMA allows inter-faith and inter-caste marriages without the need for either spouse to convert to the religion of the other. Additionally, registration under the SMA can help couples avoid the complex religious laws that govern inheritance, as in the case of the Muslim couple in Kerala.
Another advantage of registering under the SMA is that it allows couples to protect their individual rights, including the right to inheritance. In the case of the Muslim couple, registering under the SMA ensured that only their three daughters could be their legal heirs as per civil law, as opposed to the strict rules of inheritance under the Muslim Personal Law (Shariat) Application Act, 1937.
Objections to registering under the SMA
Despite the benefits of registering under the SMA, some people may object to it, as it may affect their right to inheritance. The clause of Objection to marriage allows any person before the expiration of thirty days from the date of the notice’s publication to object to the marriage. If an objection has been made, the Marriage Officer cannot solemnize the marriage until he has inquired into the matter of the objection and is satisfied that it will not prevent the marriage from taking place, unless the person making such an objection withdraws it.
Recent Court Rulings
In January 2021, the Allahabad High Court ruled that couples seeking to solemnize their marriage under the Special Marriage Act, 1954 can choose not to publish the mandatory 30-day notice of their intention to marry. The court held that the mandatory publication of notice was an invasion of privacy and could lead to harassment of the couple. The ruling is significant as it allows couples to marry without attracting unwanted attention or objections from third parties.
MCQs on Special Marriage Act
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What is the Muslim Personal Law (Shariat) Application Act, 1937?
A. A legislation that codifies the inheritance laws for Muslims in India.
B. A legislation that codifies the marriage laws for Muslims in India.
C. A legislation that codifies the criminal laws for Muslims in India.
D. A legislation that codifies the property laws for Muslims in India.
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Under the Shariat law, what is the maximum percentage of an estate that can be willed to anyone?
A. 50%
B. 33%
C. 25%
D. 10%
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What is the Special Marriage Act?
A. A law that governs a civil marriage where the state sanctions the marriage rather than the religion.
B. A law that governs only Hindu marriages in India.
C. A law that governs only Muslim marriages in India.
D. A law that governs marriages between Indian citizens and foreigners.
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Under the Special Marriage Act, what is the minimum age for males and females to get married?
A. 21 years for males and 18 years for females.
B. 18 years for males and females.
C. 25 years for males and females.
D. 30 years for males and females.
