Assam Government Repeals 1935 Muslim Marriage and Divorce Registration Act

Context:

The Assam Government has recently approved the Assam Repealing Ordinance 2024, leading to the repeal of the Assam Muslim Marriage and Divorce Registration Act of 1935. Consequently, Muslim marriage or divorce registration in the state will now be governed by the Special Marriage Act of 1954.

Relevance:

GS II: Polity and Governance

Dimensions of the Article:

1. Assam Muslim Marriage and Divorce Registration Act, 1935
2. Reasons for Repealing Assam Muslim Marriage and Divorce Registration Act, 1935
3. Arguments Against the Repeal of Assam Muslim Marriage and Divorce Registration Act, 1935
4. Muslim Personal Law

Assam Muslim Marriage and Divorce Registration Act, 1935:

• Enacted under Muslim Personal Law in 1935.
• Defines the process for registering Muslim marriages and divorces.
• 2010 amendment mandates compulsory registration in Assam, replacing ‘voluntary.’
• Authorizes the state to grant licenses to any Muslim for marriage and divorce registration.
• Muslim registrars are recognized as public servants.
• Specifies the application process and outlines procedures for registration.

Reasons for Repealing Assam Muslim Marriage and Divorce Registration Act, 1935:

Outdated and Non-Compliance with Modern Norms:

• Viewed as outdated, not aligning with contemporary societal norms.
• Permitted marriage registration below legal age standards (18 and 21 for bride and groom), contradicting current norms.

Combatting Child Marriage:

• Government’s decision linked to ongoing efforts against child marriage.
• Repealing aimed at eliminating provisions allowing underage marriages to be registered, contributing to the eradication of child marriage in Assam.

Informal Registration Mechanism and Potential Misuse:

• Act facilitated an informal mechanism for marriage registration.
• Potential misuse by kazis, government-registered officials overseeing marriages, identified as a concern.

Allegations of Underage Marriages and Divorces:

• Reports of underage marriages and divorces without proper grounds surfaced.
• Highlighted the need for reform in the existing system.

Towards a Uniform Civil Code (UCC):

• Repealing seen as a step towards implementing a Uniform Civil Code in Assam.
• Reflects a similar move by Uttarakhand.
• Aims to streamline marriage laws, creating a common legal framework for diverse communities.

Arguments Against the Repeal of Assam Muslim Marriage and Divorce Registration Act, 1935:

Simple and Decentralized Process:

• The Act offered a straightforward and decentralized marriage registration process.
• 94 kazis distributed across the state facilitated accessibility.
• The complexities associated with the Special Marriage Act might discourage registration, especially among the poor and illiterate.

Criticism and Legal Challenges:

• The Act faced criticism from various quarters, including advocates and political parties.
• Legal challenges were mounted against the Act.

Concerns about Increased Unregistered Marriages:

• Complete repeal raises concerns about potential consequences.
• There are apprehensions about an upsurge in unregistered marriages.
• The existing Act’s elimination may create a regulatory vacuum.

Muslim Personal Law:

Definition:

• Governs personal matters for individuals adhering to the Islamic faith.
• Encompasses aspects such as marriage, divorce, inheritance, and family relationships.

Sources of Muslim Personal Law:

• Derived primarily from the Quran, Hadith (Prophet Muhammad’s sayings and actions), and Islamic jurisprudence.

Issues with Muslim Personal Laws:

• Polygamy: Permits men to practice polygamy, allowing up to four wives simultaneously.
• Nikah Halala: Requires a woman to marry and divorce another person before remarrying her divorced husband.
• Talaq Practices: Talaq-e-Hasan involves a man divorcing his wife by uttering Talaq once for three months.
• Triple Talaq: Allows a husband to divorce his wife by repeating “talaq” three times in any form.
• Talaq and Khula: Terms for divorce for men and women, respectively.

Application in India:

• Muslim Personal Law (Shariat) Application Act (1937):
  • Formulated an Islamic law code for Indian Muslims.
  • Established during British rule, aiming to govern Indians according to cultural norms.
  • Quran writings hold utmost importance for Muslims.
  • Regulates aspects of Muslim social life, including marriage, divorce, inheritance, and family relations.
  • Declares that, in personal disputes, the state shall not interfere.

-Source: Indian Express