Assam passes Bill abolishing Muslim marriages, divorce act; govt registration now mandatory

NEW DELHI: The Assam Assembly passed a bill on Thursday that mandates government registration of Muslim marriages and divorces.

The Assam Compulsory Registration of Muslim Marriages and Divorces Bill, 2024, introduced by revenue and disaster management minister Jogen Mohan, will replace the Muslim Marriages and Divorces Act of 1935, which allowed child marriages and did not address polygamy. The British-era law was repealed by an ordinance in March, and the government tabled the bill to repeal it last Thursday.

Chief minister Himanta Biswa Sarma clarified that previous marriage registrations conducted by Qazis will remain valid, and only new marriages will be subject to the new legislation.

"We are not interfering with the marriages solemnised by Islamic rituals under Muslim Personnel Law at all. Our only condition is that Islam prohibited marriages will not be registered," he added.

Sarma said, "We want to abolish the Qazi system in the Muslim marriage registration process. Apart from it we also want to prevent Child marriage in the state."

In a post on X, Sarma said, "Today is a historic day in our effort to fight the social evil of child marriage."

"I thank all the legislators who pledged their support to this Bill and Govt's vision of preventing child marriage. This Bill is above party politics and is a means to give our girls a life of dignity. Next. Banning Polygamy!" he added.


What is the new law?

For a marriage to be registered under the new law, six conditions must be met: the couple must be living together as husband and wife since the solemnization of their marriage, residing within the district of the marriage and divorce registrar for at least 30 days preceding the date of marriage, be at least 18 years old for girls and 21 years old for boys on the date of solemnization, have freely consented to the marriage, be of sound mind and not incompetent or insane at the time of solemnization, and not be within the prohibited degree of relationship as per Shariat or Muslim law.

The application for marriage registration must include documents proving the couple's identity, age, and place of residence. The married couple or bride and bridegroom must also declare their marital status at the time of marriage, whether unmarried, divorced, widowed, or widower.

The proposed law aims to prevent marriages without the consent of both parties and enable married women to claim their rights to live in the matrimonial house and receive maintenance. It will also help widows claim their inheritance rights and other benefits after the death of their husbands, discourage men from deserting their wives after marriage, and strengthen the institution of marriage.

The Bill's Statement of Object and Reason highlights its goals of preventing child marriages and marriages without consent, checking polygamy, and protecting the rights of married women and widows.

AIUDF criticises law

Speaking against the legislation, AIUDF leader Aminul Islam said, "We are against child marriage. The government could have amended some provisions in the previous act, but instead, they repealed the Assam Muslim Marriages and Divorces Registration Act and Rules, 1935,"

He added, "We have no other option but to take the matter to court."

(With agency inputs)
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