A Muslim couple in Kerala recently opted for registration under the Special Marriage Act (SMA) to ensure that their inheritance rights were governed by secular laws. The couple’s decision was prompted by the principles of inheritance outlined in Islamic law, which stipulates that a daughter can inherit only half of what her brother does. The situation becomes more complicated if the couple has only daughters, as they can inherit only two-thirds of their father’s property.
Islamic Law on Inheritance
Islamic law is clear on the principles of inheritance. A daughter inherits half of what her brother does. If a son inherits a plot of 100 meters from his father, the daughter gets a plot of 50 meters, or half the value of the 100-meter plot. If the husband predeceases his wife, she gets a one-eighth share of his property if the couple has children. Otherwise, she gets one-fourth. There is also a share for paternal uncles, aunts, etc., as long as they are blood relatives. Grandparents are also entitled to a share if they are alive. Each parent gets one-sixth if the son passes away before them, leaving children behind.
The Problem with Inheritance Laws
The problem, as in the case of the Kerala couple, arises when a couple has only a daughter or daughters. The daughters can inherit only two-thirds of their father’s property, beyond which the shares are for the mother and paternal blood relatives. This can be a complex situation, especially if the family assets are significant, as the wife and daughter(s) may not receive their fair share.
Various Options
A person can make a will or vasiyat under which they declare that upon their death, a particular heir shall inherit no more than one-third of the property. This is the first option available. The second option is the virasat or inheritance, which allows unrestricted transfer of wealth or property to a person during the lifetime of the donor, similar to a gift deed.
The Special Marriage Act
The Special Marriage Act of 1954 (SMA) governs a civil marriage where the state sanctions the marriage rather than the religion. The SMA enables interfaith or inter-caste couples to marry without giving up their religious identity or resorting to conversion. Personal laws, such as marriage, divorce, adoption, are governed by codified religious laws. The Muslim Marriage Act, 1954, and the Hindu Marriage Act, 1955, require either spouse to convert to the religion of the other before marriage.
Eligibility
The SMA applies to people of all faiths, including Hindus, Muslims, Sikhs, Christians, Sikhs, Jains, and Buddhists, across India. The minimum age for marriage under the SMA is 21 years for males and 18 years for females.
Effect on Rights
Once married under the SMA, any member of an undivided family who professes the Hindu, Buddhist, Sikh or Jain religion shall be deemed to effect their severance from the family. This affects the rights, including the right to inheritance, of the persons choosing to marry under the SMA.
Procedure for a Civil Marriage
The parties to the marriage are required to give notice to a “Marriage Officer” of the district in which at least one of the parties has resided for at least 30 days immediately preceding the notice. Before the marriage is solemnized, the parties and three witnesses are required to sign a declaration form before the Marriage Officer. Once the declaration is accepted, the parties will be given a “Certificate of marriage,” essentially proof of the marriage.
Why In News
A Muslim couple from Kerala recently opted for the Special Marriage Act (SMA) to ensure that their daughter could inherit the entire property, without being limited by Islamic inheritance laws. By registering under the SMA, they were able to apply the principles of a secular marriage act to inheritance matters in their family.
MCQs on Secular Marriage Act for Interfaith Couples
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What is the purpose of registering the marriage under the Special Marriage Act for the Kerala Muslim couple?
A. To apply principles of the secular act to matters of inheritance in the family
B. To convert to another religion
C. To avoid inheritance issues altogether
D. To make their marriage illegal
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What does the Koran specify about inheritance for daughters in comparison to sons?
A. Daughters get half the share of the son
B. Daughters get one-fourth the share of the son
C. Daughters get the same share as the son
D. Daughters are not entitled to any share
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What is the eligibility for the Special Marriage Act?
A. Only for Hindus and Muslims
B. Only for inter-faith or inter-caste couples
C. Only for females
D. Only for people above the age of 30
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What is the minimum age requirement for getting married under the Special Marriage Act?
A. 18 years for males and 21 years for females
B. 21 years for males and 18 years for females
C. 18 years for both males and females
D. 21 years for both males and females
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