MALAPPURAM: A quiet but historic transformation is unfolding within Kerala’s Muslim community. Defying centuries-old patriarchal interpretations of personal law, a growing number of Muslim couples are turning to the Special Marriage Act (Section 15) to secure equal inheritance rights for women. The latest to take this step are 76-year-old Basheer and 72-year-old Hasanath from Palakkad, who remarried under the Special Marriage Act (SMA) to ensure their daughter’s equal share in property.
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. Now, couples who once accepted this without question are rewriting that narrative. They are using a secular legal framework to ensure their daughters and wives are treated as equals.
“This is not a rebellion against faith. It is a demand for justice within it,” said Neju, state convener of the Forum for Gender Equality Among Muslims (FORGEM). She and her husband, Ismail, remarried under SMA on December 10, 2024, on the occasion of World Human Rights Day.
“After our marriage, many approached us quietly to ask how they too could do it. Hundreds of couples have already chosen this path to avoid pressure from mahal committees and to protect their daughters’ future.”
Even some religious leaders acknowledge the injustice behind closed doors. Islamic scholar C H Musthafa Moulavi revealed, “I know a prominent Islamic leader who remarried under SMA to safeguard his daughters. They know the current system is unfair to women. In Egypt and Tunisia, where Islamic law is followed, inheritance is distributed equally. But here, rigid interpretations have been used to control women, not to uphold justice.”
Yet, sections of the religious establishment are determined to hold the line. T K Ashraf, state secretary of Wisdom Islamic Organisation, declared on Facebook that equal division of property violates their interpretation of Islam.
“If financial responsibility is shifted to women, it will have serious consequences,” Ashraf argued, defending the centuries-old practice that privileges men.
Neju and Ismail’s SMA marriage became a flashpoint. FORGEM organised a seminar on gender justice, which drew sharp criticism from groups such as Jamaat-e-Islami and Mujahid factions. One Mujahid group even declared the marriage “illegal”.
“We didn’t face physical attacks, but there was intense social pressure. People asked why we publicised it. Religious groups tried to brand SMA marriages as anti-Islamic,” Neju said. But the tide is turning. More couples, educated, aware and determined, are stepping forward. Advocate and actor C Shukkur, who also remarried under SMA, said his inbox is overflowing with messages from couples seeking legal guidance.
“After Basheer and Hasanath remarried in Palakkad, inquiries increased sharply. People may not go public yet, but they are quietly embracing change,” Shukkur pointed out.
For many women, this legal route is a shield against deeply entrenched injustice.
Shukkur recalled a recent case: “An elderly woman received a house under the Life Mission scheme. When her husband died, his brothers tried to seize it. We petitioned the local self-government minister to allot houses in women’s names to stop such exploitation. This is exactly why SMA matters.”
This growing wave represents more than legal registration. It is a reimagining of faith and justice, a statement that Muslim women’s rights cannot be limited by patriarchal interpretations of religion. FORGEM is now planning a mass SMA wedding on December 10, marking what they call “a people’s movement for equality”.
“We have also approached the Supreme Court to challenge the unconstitutional aspects of Muslim personal law,” said writer and FORGEM activist Khadija Mumtaz. “SMA is not a permanent solution. It is a survival tool. But every signature on that register is a mark in history. It proves that ordinary believers can challenge unjust traditions,” she added.
