Assam’s new Muslim marriage law

Context: A bill approved by the Assembly aims to outlaw child marriage, curb polygamy, and eliminate the role that kazis play in the marriage registration process.

Why in the news?

The Compulsory Registration of Assam Muslim Marriage and Divorces Bill, 2024 was passed by the Assam Legislative Assembly on Thursday, August 28. The proposed law’s stated goals are to “check polygamy” and “prevent child marriages and marriages without the parties’ consent.”
In accordance with an ordinance that was issued five months prior, the Assam Assembly also revoked an 89-year-old Act that required Muslim weddings and divorces to be registered with the state.

The now-repealed law

The registration of marriages and divorces between Muslims in Assam had been taking place under the colonial-era Assam Muslim Marriage and Divorce Registration Act, of 1935.

What is the Assam Muslim Marriage and Divorce Registration Act, of 1935?

• The Act complies with the Muslim Personal Law of 1935. The Act specifies the process for registering divorces and marriages among Muslims.
• In the state of Assam, Muslim marriages and divorces are now required by law after the word “voluntary” in the original Act was amended to “compulsory” in 2010.
• The Act gives the state the authority to license “any person, being a Muslim” to register marriages and divorces; Muslim registrars are considered to be employees of the government.
• It establishes the procedure for registering them as well as how petitions for marriage and divorce may be submitted to the registrar.
• In accordance with Muslim personal law, this Act permitted the state to authorize “any person, being a Muslim” to record these types of weddings and divorces. These Muslim registrars, sometimes known as kazis, were considered public officers and numbered 95 in the state.

What is Muslim Personal Law :

The legal framework governing the private affairs of Muslims is known as Muslim Personal Law.
These laws address a variety of personal matters, including as familial ties, inheritance, marriage, and divorce.
Islamic jurisprudence, the Hadith (the sayings and deeds of Prophet Muhammad), and the Quran are the main sources of Muslim personal law.

Reasons to repeal the Assam Muslim Marriage and Divorce Registration Act of 1935:

a. Conformity to Modern Standards:
The Act was seen as being out of date and out of step with contemporary social mores. It allowed marriages to be registered even when the bride and groom were under the legal marriageable age of 21, or 18, as opposed to the present laws governing that age.

1. Strict Prohibition on Child Marriage:
   The government’s ongoing efforts to put an end to child marriage were taken into consideration while making this decision. The Act, which allowed underage marriages to be recorded, is being repealed by the government because it wants to stop child marriage in Assam.
2. Informal and Abuse of Authority: The statute established an unofficial marriage registration system, which may have been abused by kazis, or government-registered marriage celebrants. Reform is necessary in light of allegations that divorces and minor marriages were permitted without the necessary grounds.
3. Implementation of a Uniform Civil Code (UCC) in Assam: The decision to repeal the Act is perceived as a precursor to Uttarakhand’s recent implementation of a UCC.
   The government wants to create a single legal framework that incorporates marriage rules from many groups.

The government’s justification for repealing :

a. The 1935 Act’s primary defence offered by the government to justify its repeal was that it permitted weddings between and among children to be registered.
b. The abolished Act’s Section 8, which outlined the process for applying to the registrar, was specifically mentioned. It stated, “…provided that if the bride and groom, or both, are minors, the application shall be made on their behalf by their respective lawful guardians.”
c. The same clause was found in Section 10 of the Act, which outlined the process for entering information in the marriage register.

Features of this Law :

• The Assembly enacted a bill on Thursday that governs marriages between Muslims, encompassing “nikah” or any other ceremony that unites two individuals as husband and wife by adhering to Islamic traditions and personal law.
• Under the new law, kazis have no part in marriage registration. The government’s Marriage and Divorce Registrar, also known as the Sub-Registrar, in that jurisdiction, will serve as the registration officer.
• The new law requires seven requirements to be met for a marriage to be registered. Important requirements include the following: at least one of the parties must reside in the Marriage and Divorce Registrar’s district for 30 days before giving notice of registration to the officer; the woman and man must have reached the ages of 18 and 21, respectively, before the marriage; “the marriage has been solemnized on the free consent of both parties”; and the parties must not be in a relationship that is prohibited by Muslim law.
• The parties must provide the registering officer with documentation confirming their names, ages, and residential addresses at least thirty days in advance of the planned registration. A comparable clause can be found in the Special Marriage Act.
• If any of the terms outlined in the Bill are violated, objections to the marriage may be made within 30 days. The Registrar will then look into these claims. If the Registrar declines to perform the marriage ceremony following an investigation, the Bill offers two avenues for appeal: first to the District Registrar, and then to the Registrar General of Marriages.
• If the registering authorities discover that one or both of the parties is underage, they are required to take action. The Prohibition of Child Marriage Act, 2006, appointed the jurisdictional Child Marriage Protection Officer, to whom the officer must promptly report any discoveries made during the scrutiny of documents.
• If an officer “knowingly and wilfully” records a marriage that breaches any of the requirements, they risk a year in jail and a fine of up to Rs 50,000.

The Way Ahead

• A gradual reform process is necessary to align personal laws, notably Muslim personal law, with modern social viewpoints.
• This calls for thorough analysis, stakeholder discussions, and public awareness campaigns.
• Constitutional principles should be upheld and religious diversity should be respected through legislative improvements.
• Priorities include encouraging alternate conflict settlement procedures and strengthening women’s agency and empowerment.
• Strengthening institutional capacity and monitoring implementation are key to ensuring effective reforms.

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