On Repealing Assam Muslim Marriages Act, Govt Told To File Affidavit

The Gauhati High Court sought the state government's response on repealing the 'Assam Muslim Marriage and Divorce Registration Act, 1935' after 94 Qazis from across Assam approached it. Taking up a hearing on the matter, the court asked the government to file an affidavit on Thursday.

This comes after the Assam cabinet's decision to repeal the existing act governing Muslim marriages and divorces in the state in February, followed by its approval of the 'Muslim Marriage Registration Bill, 2024' empowering the government to register Muslim marriages in the state instead of Qazis.

During the hearing on the writ petition filed by the Qazis, the Assam government told the court that the move is aimed at curbing child marriages in the state. The high court then directed the government to furnish specifics in an affidavit.

Notably, the registration of Muslim marriages will now be handled by the government instead of a Qazi. The bill also aims to make the registration of child marriages illegal.

Chief Minister Himanta Biswa Sarma said on social media, "Today the Assam Cabinet has approved the Muslim Marriage Registration Bill 2024. It has two special provisions: Now the registration of Muslim marriages will be done by the government and not by the Qazi. Registration of child marriage shall be deemed illegal."

Earlier, CM Sarma had indicated that the state government is also working on introducing a new law to criminalizelLove jihad, with provisions for life imprisonment for those found guilty. He added that the state will also bring in legislation to prevent inter-religious transfer of land.

In February, the government decided to repeal the Assam Muslim Marriage and Divorce Registration Act as an important step towards introducing the Uniform Civil Code. With this, all matters related to Muslim marriages and divorces were to fall under the Special Marriages Act. Under the act, 94 Muslim marriage registrars were functioning earlier. The custody of these marriages were handed over to district commissioners or district registrars.

Speaking on the important decision, Jayanta Mallabaruah had said, "The cabinet has repealed the Assam Muslim Marriage and Divorce Registration Act 1935. From now on, the divorce or registration of Muslim marriages will not be allowed. Further, District Commissioners or district registrars will get custody of the 94 marriage registrars that existed earlier. The Assam government has also decided to provide a one-time compensation of Rs 2 lakh each to the registrars."

Also Read: AIUDF Warns of Protest if Assam Govt Repeals Muslim Marriage Registration Bill