In a significant legislative move, on August 28th, the Assam Assembly passed the Assam Compulsory Registration of Muslim Marriages and Divorces Bill, 2024. This new law aims to prevent child marriages, non-consensual marriages, and polygamy among Muslims, replacing the Assam Muslim Marriage and Divorce Registration Act of 1935 from the Colonial era.
What Was The Old Law?
The outdated Assam Muslim Marriage and Divorce Registration Act of 1935 allowed for the registration of Muslim marriages and divorces through Qazis, who were religious officials authorized by the state. While the Act made registration compulsory after a 2010 amendment, it also permitted the registration of marriages involving minors if their guardians applied.
This was widely criticized for enabling child marriages, as it also allowed girls to marry as soon as they reached puberty, which is typically at age 15.
The New Law: Explained
- Women must be at least 18, and men 21, to marry - this is to prevent teenage pregnancy and support girls' growth
- Both parties must give their free consent to the marriage
- At least one partner must have lived in the district for 30 days before the registration
- The couple cannot be related within prohibited degrees according to Muslim law
- They must give the registrar at least 30 days of notice before registration, along with proof of identity, age, and residence, similar to the Muslim Special Marriage Act
- Objections to the marriage can be raised within 30 days for any violations
The Registrar will investigate, and if they refuse to register, couples can appeal to the District Registrar and then the Registrar General - If either partner is found to be underage, the officer must report it to the Child Marriage Protection Officer and provide all relevant records for legal action
- Officers who “knowingly and willfully” register a marriage that violates any of the conditions will be imprisoned for up to a year and fined up to Rs 50,000.
Ending the Role of Qazis
The new law removes the role of Qazis, who by custom, perform marriage ceremonies and other rites between Muslims. Instead, government-appointed registrars will handle this for a small fee of ₹1.
This is to make the registration process more transparent and accountable.
With this, the CM vowed to end child marriage in the state by 2026.
Banning Child Marriage and Polygamy
The main goals of this bill are to prevent child marriages, forced marriages, and polygamy among Muslims in Assam. By setting the minimum age at 18 for girls and 21 for boys, the law hopes to reduce teenage pregnancies and improve the lives of young girls.
Protecting Women’s Rights
They also wish to protect the rights of married Muslim women and widows. It allows women to claim their rights to maintenance, live in their marital home, and inherit property if their husband passes away.
Additionally, this will discourage men from abandoning their wives after marriage.
Concerns and Criticisms
While the government believes this bill will help protect women and prevent child marriage, some concerns remain.
The CM stated: “We have neither touched the Muslim Personal Law nor interfered with Islamic marriage rituals. The Act brings the Sub-Registrar into the picture instead of the Qazis for registration.”
But, critics worry about the potential misuse of this law and the risk of polygamy, because the old law still prevails, which allowed marriages once a girl reached puberty at 15, and the court has yet to make a decision on this issue.
The opposition parties have condemned the move, calling it "discriminatory against Muslims" and an attempt to polarise voters.
CM’s quotes:
Assam CM: “Our aim is not only to abolish child marriages but also to get away with the Qazi system. We want to bring registration of Muslim marriages and divorces under the government system."
"Marriages solemnised by Qazis, till it was permissible, will be legal. But as the govt is going for compulsory registration, it cannot be done by private people and has to be done by govt officials only”
"Nikaah has to be done; we are not interfering with Islamic rituals.”
Conclusion
This is a big step forward in Assam’s fight against child marriage, forced marriages, and polygamy among Muslims. While the law aims to protect women’s rights and promote equality, it will be interesting to see how well it is enforced and if it can withstand any legal challenges.
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