On Thursday, the Assam Legislative Assembly passed the Assam Compulsory Registration of Muslim Marriages and Divorces Bill, 2024. This new legislation makes it mandatory for all marriages and divorces within the Muslim community in the state to be registered with the government.
Assam Chief Minister Himanta Biswa Sarma hailed the passing of the bill as a "historic" moment for the state, emphasizing that the act mandates the registration of marriages while ensuring they comply with the legal marriage age—18 years for girls and 21 years for boys. Sarma noted that the bill is expected to act as a deterrent to teenage pregnancies and contribute to the overall well-being of girls in the state.
The state government outlined several key objectives behind the legislation, including the prevention of child marriages, non-consensual marriages, and polygamy. Additionally, the bill aims to protect the rights of married women by enabling them to claim maintenance, inheritance, and the right to live in the matrimonial home. The legislation is also designed to strengthen the institution of marriage by discouraging men from deserting their wives.
A significant aspect of the bill is its provision to eliminate the existing Qazi system, where clergy members of the community were responsible for registering marriages. Under the new law, these registrations must now be conducted by government authorities. The bill also clearly defines the minimum marriageable age for both men and women.
According to the new law, when a marriage is either solemnized or planned, the parties involved must notify the district's Marriage and Divorce Registrar. A 30-day period is provided during which any person may object to the marriage. If an objection is raised, the Marriage and Divorce Registrar must investigate before deciding on the registration. If either party is dissatisfied with the registrar's decision, they have the right to appeal to the District Registrar and, subsequently, the Registrar General of Marriage. The law grants the Marriage and Divorce Registrar considerable discretion in refusing marriage registrations, provided that written reasons are given for the refusal.
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