Muslim couple remarry under SMA in a fight for gender equality

On December 10, Human Rights Day, Neju and Ismail climbed the steps of the sub-registrar office, Kodungalloor, 36 years after their marriage.

Accompanied by Ismail’s parents, Neju’s sister, daughter, and relatives, the couple registered their marriage under the Special Marriage Act (Section 15) after it was originally conducted according to Islamic traditions 36 years ago.

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provisions of the British-era Indian Shariat Act, particularly its inheritance laws, which they argued were outdated, un-Islamic, and violated human dignity.

“We’re here to spark a conversation about these laws that contradict the teachings of the Koran and perpetuate injustice,” said Neju, State convener of the Forum for Gender Equality Among Muslims (FORGEM), and Ismail, underscoring the need for internal reform within religious communities driven by protest movements from within.

Khadeeja Mumtaz, State Chairperson of FORGEM, P.K. Pokker, former Director of the State Institute of Languages; actor-lawyer C. Shukkur; and social activist Kusumam Joseph were among those present to support the couple’s cause.

Following the registration, a seminar on “SMA marriage: resistance of the helpless” was held at the Health Care Institute at Kodungalloor.

Dr. P.K. Pokker said property rights and citizenship were inseparable, and true citizenship was only achieved when equal property rights were granted, particularly to women. He said marriage as per the SMA was not about preventing male heirs from inheriting, but rather a social movement aimed at empowering women and lifting their dignity.

Dr. Khadeeja Mumtaz said at a time when the Islamic community was facing fascist oppressions, religious leadership should recognise women’s rights and foster social unity in the anti-fascist struggle, instead of deepening gender divides within Islamic community.

Mr. Shukkur, who had registered his marriage under the SMA last year, condemned the anti-women provisions in the Indian Shariat Act and pointed out that the Koran supported equality in marriage, divorce, and inheritance. He announced that FORGEM would take the lead in organising community-wide SMA marriage registrations starting March 8.