Today, On 29th August, The Assam government passed legislation repealing the Muslim Marriage and Divorce Act, which had previously governed matrimonial matters for the Muslim community in the state. With this new law, all marriages, regardless of religion, must now be officially registered with the government.
The Assam Compulsory Registration of Muslim Marriages and Divorces Bill, 2024, introduced by Revenue and Disaster Management Minister Jogen Mohan, set to replace the Muslim Marriages and Divorces Act of 1935.
The 1935 Act, a remnant from the British colonial era, permitted child marriages and did not address the issue of polygamy.
This outdated law repealed through an ordinance in March, and the government formally introduced the bill last Thursday to solidify its repeal.
Chief Minister Himanta Biswa Sarma assured that previous marriage registrations carried out by Qazis will remain valid, with the new legislation applying only to future marriages.
Chief Minister Himanta Biswa Sarma stated,
“We are not interfering with marriages solemnized under Islamic rituals according to Muslim Personal Law. However, any marriage that Islam prohibits will not be registered under the new law.”
Sarma further explained,
“Our aim is to eliminate the Qazi system from the Muslim marriage registration process and to prevent child marriages in the state.”
The new law sets out six conditions for marriage registration, the couple must have been living together as husband and wife since the marriage solemnized, have resided within the district of the marriage and divorce registrar for at least 30 days prior to the marriage, be at least 18 years old for girls and 21 years old for boys at the time of marriage, have freely consented to the marriage, be of sound mind and not incompetent or insane during the marriage, and must not fall within the prohibited degrees of relationship as defined by Shariat or Muslim law.
Chief Minister Himanta Biswa Sarma remarked,
“We aim to abolish the Qazi system in the Muslim marriage registration process and take strong measures to prevent child marriages in the state.”
He further outlined the requirements for marriage registration, stating that the application must include documents verifying the couple’s identity, age, and place of residence.
Additionally, the couple, or the bride and groom, must declare their marital status at the time of marriage, whether they are unmarried, divorced, widowed, or a widower.
The proposed law seeks to prevent marriages conducted without the mutual consent of both parties and to empower married women by ensuring their right to live in the matrimonial home and receive maintenance. It also aims to support widows in claiming their inheritance rights and other benefits after their husbands’ deaths, deter men from abandoning their wives after marriage, and reinforce the institution of marriage.
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The Bill’s Statement of Object and Reason emphasizes its objectives of preventing child marriages, ensuring marriages are consensual, curbing polygamy, and safeguarding the rights of married women and widows.
AIUDF leader Aminul Islam expressed opposition to the legislation, stating,
“We oppose child marriage, and the government could have amended certain provisions in the previous act, but instead, they chose to repeal the Assam Muslim Marriages and Divorces Registration Act and Rules, 1935.”
He added,
“We have no choice but to take this matter to court.”