Assam Assembly Passes Historic Bill On Muslim Marriage Registration

GUWAHATI: The Assam Assembly scripted history on Thursday when it passed the Assam Compulsory Registration of Muslim Marriages and Divorces Bill, 2024, that will make registration of Muslim marriages mandatory, besides preventing child marriages and teenage pregnancy and empowering Muslim girls. This Act is aimed at strengthening the institution of Muslim wedlock.

Replying to the suggestions for amendments to the bill moved by the opposition MLAs, Chief Minister Himanta Biswa Sarma said, "Through this Act, we're not going to interfere in Muslim Marriages. Let them conduct marriages following the Muslim personal law and Muslim rituals. The Act is all about registration of marriages. The Act has the provision of a one-month notice period so as to let people raise objections, if any. If there is child marriage involved, this notice period will let objectors raise issues. This Act nowhere says that the marriages conducted by the kazis earlier are illegal."

When the opposition expressed concern over a possible rush in sub-registrar offices, the Chief Minister said, "The state has 90 kazis, and the state government has 128 sub-registrars. We will observe the situation for six months. If we witness a rush, we will ensure such registrations at the block and panchayat levels also. If necessary, we will amend the Act in April next so as to tackle the problem of rush. In that case, the marriage and divorce registration officers will be appointed by the government. We have no ill intention other than safeguarding Muslim girls."

Earlier, CM Sarma told the state assembly that one of the reasons for the government to repeal the British-era Moslem Marriages and Divorces Act, 1935, is to eliminate the role of Kazis and make the official registration of Muslim marriages a reality in the state.

During the discussion on the repeal of the Act, the Assam CM said that the government repealed this act in the greater interest of Muslim girls and the elimination of child marriages.

He added that the Kazis, who register such marriages, are not officially recognized as ones to perform such a duty. "They are ignorant of the whole lot of procedures applied to ascertain if a girl or boy is underage in the absence of birth certificates. So, they end up performing child marriages. Since the Kazis are the ones who keep all records of marriages, they may change such records on alimony (meher) at the time of divorce. If a registrar registers such marriages, he cannot make any changes as he's accountable to the government," he said.

If Muslim women feel ill at ease going to registrar offices, the government will provide special sub-registrars to registrar Muslim marriages at the venue of the nikah (marriage ceremony)."

He said, "When the government brought an ordinance on the British-era Act, the Kazis moved the Gauhati High Court and said that under the Shariat law there is no restriction in conducting child marriages. They said so to evade their arrest and get bail on the charge of conducting child marriages. This is the reason why the government wants to eliminate the role of Kazis from Muslim marriages."

Replying to oppositions from some of the AIUDF MLAs, the Chief Minister said, "You better view it with the lens of your daughters. The government has repealed this Act with a view to empowering and securing your daughters. The government will charge symbolically only one rupee as registration fee for a marriage."

ALSO READ: Assam: State Government Introduced Bill to Repeal British-era Muslim Marriage Act (sentinelassam.com)

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