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University of Calicut,
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Kerala 673635, India

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Mappila Succession Act, 1918

The Mappila Succession Act, 1918 was an important legislative enactment for the Indian Muslim communities, particularly the Mappilas, who lived in the Malabar region of present-day Kerala. Enacted in the year 1918, this Act aimed to address complex issues surrounding inheritance and property succession within the Mappila community, specifically related to the division of self-acquired property. It was the normative ideal of Anglo-Muhammadan law that led to the legislation of the Mappila Succession Act.

Background

The Mappila Succession Act emerged in the early 20th century in response to customs in Malabar, where self-acquired property reverted to matrilineal property after an individual’s death. While both men and women had rights over the joint family property, only women inherited it. However, men increasingly started to acquire individual property, leading to disputes over the dissolution of such property. The Malabar Wills Act, 1898 allowed individuals to gift their property by way of a will, which facilitated the transfer of ownership to their children and wives after their death.

In this setting, the Mappila Succession Act of 1918 was passed with the intention of resolving discrepancies between Islamic inheritance laws and matrilineal joint family property. Using concepts from Anglo-Muhammadan law- a synthesis of English and Islamic laws that emerged in British colonial India between the eighteenth and twentieth centuries – it established a thorough framework for the inheritance of self-acquired property.

Under the provisions of the Act, properties owned by a Mappila following the matrilineal Marumakkathayam system, who had not created a will, were to be distributed among their heirs following the principles of Muhammadan law. This was a significant departure from previous practices, as the Act ensured that even if a person passed away without a clear will, their property would devolve as per Islamic inheritance rules.

Impact

The Mappila Succession Act of 1918 marked a significant shift in property inheritance practices within the Mappila community. It aimed to address disputes and uncertainties that arose due to the influence of customs on legal systems.

Subsequently, the Mappila Marumakkathayam Act, 1939 was enacted, allowing for the partition of Tarawad properties among members of the community according to Islamic Shariah law. This event played an important role in resolving property-related issues and further shaping the course of inheritance practices among the Mappilas.

The Act of 1939 introduced a transformation in the Mappila society, leading to the decline of the institution of Karanavan (the head of the matrilineal family) and Karnothi (the manager of family affairs). With the alteration of matrilineal customs, the Act turned the community towards a patrilineal structure, where both male and female members became co-owners of family property. It also necessitated transparency; Karanavan was required to present the accounts of income and expenditure to family members, which led to a reduction in their traditional authority.

The once-dominant Marumakkathayam system was gradually replaced by the Makkathayam or patrilineal system.

Thus, the Mappila Succession Act of 1918 and its subsequent amendments were instrumental in reshaping inheritance and property succession norms within the Mappila community.

References

  • Farook, P. M. (2016). From Matriliny to Patriliny: A Study of the Decline of Marumakkathayam among Malabar Muslims. Innovative Thoughts: International Research Journal, 3(6). Accessed on 01.09.2023 from
    https://itirj.naspublishers.com/wp-content/uploads/2018/10/musthafa-farook.pdf
  • Ajmal Mueen, M. (2016). Mappila Matrilineal System in Malabar. Journal de Brahmavart. Accessed on 01.09.2023 from
    http://www.archaeokanpur.org/pdf/Year%20Four%20Dec%202017/8,(49-56).pdf