A Muslim couple from Kerala recently decided to get their marriage registered under the Special Marriage Act. This is to ensure that the principles of the secular Act could apply to matters of inheritance in their family.
Points to ponder:
The Koran plainly explains the principles of succession for both direct and secondary descendants in Surah Nisa.According to the mutually agreed-upon principles of property split in Islam, a daughter receives half of the portion of the boy.
According to Islam, after marriage, the male is responsible for all household expenses, including the maintenance of his wife, the education of his children, and the care of his parents. If the spouse dies before the wife, she receives one-eighth of his possessions; if the pair has children, she receives one-fourth.
When a couple only has a girl or daughters, an issue arises.The girls can only receive two-thirds of their father’s estate.Aside from that, the portions are reserved for maternal and paternal blood relations.
Make a will or vasiyat in which a person declares that a specific successor will receive no more than one-third of the property.This is frequently done if one of the offspring is monetarily disadvantaged. During the partition, when many families were separated, many Muslim households used this provision.While some children went to Pakistan, others stayed with their parents.
There is also an option of Hiba which will allow unrestricted transfer of wealth or property to a person during the lifetime of the donor as a symbol of good deeds
Other similar laws in India:
Hindu Succession Act 1956
Parsi Marriage and divorce Act 1936
Special Marriage Act 1954
Special Marriage Act 1954
The Special Marriage Act applies to all citizens of India regardless of religion, race, or nationality.
The act allows for marriages to be registered without religious rites or ceremonies.
The couple must give notice of their intention to marry to the Marriage Officer in the district where at least one of them has resided for at least 30 days prior to the notice.
The Marriage Officer must publish the notice and make it available for public inspection for 30 days.
If no objections are received during the 30-day notice period, the Marriage Officer will register the marriage and issue a certificate.
The couple must sign a declaration stating that they are not related to each other within the prohibited degree of relationship, as specified in the act.
The minimum age for marriage under the act is 21 for males and 18 for females.
The act allows for the solemnization of marriages by any person who is authorized by the parties to do so, including a Marriage Officer, a Registrar, or a person who has been appointed by the government.
The act provides for the dissolution of marriages through the process of divorce or annulment.