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The Indian state of Assam has taken a significant step towards regulating Muslim marriages and divorces by passing a bill mandating government registration for all such unions. This move, spearheaded by Chief Minister Himanta Biswa Sarma, aims to address concerns regarding child marriage and the traditional 'Qazi' system of marriage registration. The Assam Compulsory Registration of Muslim Marriages and Divorces Bill 2024, passed by the state assembly on Thursday, will replace the colonial-era Assam Moslem Marriages and Divorces Registration Act, 1935. The government asserts that this new legislation is not intended to interfere with Islamic rituals but rather to ensure transparency and accountability in marriage practices.
The bill specifies that all Muslim marriages in Assam, including those previously registered by Qazis and those conducted without Qazis in the past six months, will be eligible for registration. However, future marriages must be registered compulsorily. The registration process will be handled by government-appointed officials, ensuring a standardized approach and eliminating the role of private individuals like Qazis in this crucial aspect of marriage. A symbolic fee of Rs. 1 will be charged for registration. The legislation also underscores the minimum legal age for marriage, with girls required to be at least 18 years old and boys 21 years old on the date of the wedding. Moreover, the law mandates free consent from both parties involved in the marriage.
The government has also outlined clear procedures for registering divorces. Whenever a marriage is dissolved, either through a court decree or through other means, the parties involved must apply to the jurisdictional Marriage and Divorce Registrar to register the divorce within one month. The government's stance is that this legislation is in line with the Supreme Court's suggestion of moving towards compulsory marriage registration to curb child marriage and ensure adherence to legal age requirements. The bill's proponents argue that registering marriages with the government offers increased protection for girls, particularly in districts like South Salmara Mankachar and Dhubri, which have witnessed high rates of child marriage. They emphasize that the new system is intended to create a more transparent and accountable environment for Muslim marriages in Assam.
The bill's passage has been met with varying reactions. While the government has asserted that it respects Islamic rituals and is only focused on registration, some members of the Muslim community have raised concerns about potential interference in their religious practices. The government has sought to alleviate these concerns by reiterating its commitment to upholding Muslim personal law and ensuring that the registration process does not infringe on religious customs. Ultimately, the long-term impact of this legislation on Muslim communities in Assam remains to be seen. However, it is clear that the government is determined to address issues of child marriage and to create a system of marriage registration that is both comprehensive and equitable.
Source: Assam passes bill mandating regn of Muslim marriages & divorces