The Assam Assembly recently approved the Assam Compulsory Registration of Muslim Marriages and Divorces Bill, 2024. This legislation replaces the outdated Muslim Marriages and Divorces Act of 1935 and mandates government registration of all new Muslim marriages and divorces. Here are the key points:
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Aim and Context:
- The new law aims to prevent child marriages, ensure consent, protect women’s rights, and curb polygamy.
- It replaces the British-era law that allowed child marriages and did not address polygamy.
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Valid Registrations:
- Previous registrations conducted by Qazis (Islamic legal officials) remain valid.
- Only new marriages must meet specific conditions to be registered under the new legislation.
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Conditions for Registration in Assam:
- For a marriage to be registered, six conditions must be met:
- The couple must live together as partners since the solemnization of their marriage.
- They must reside within the district of the marriage and divorce registrar for at least 30 days preceding the date of marriage.
- Both parties must be at least 18 years old (girls) or 21 years old (boys) on the date of solemnization.
- They must freely consent to the marriage.
- Both parties must be of sound mind and not incompetent or impulsive at the time of solemnization.
- The marriage must not violate the prohibited degree of relationship as per Shariat or Muslim law.
- The application for marriage registration must include documents proving identity, age, and place of residence.
- For a marriage to be registered, six conditions must be met:
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Empowering Married Women of Assam:
- The law enables married women to claim their rights to live in the matrimonial house and receive maintenance.
- It also helps widows claim inheritance rights and other benefits after their husbands’ death.
- The legislation discourages men from deserting their wives after marriage and strengthens the institution of marriage.
Note: The government emphasizes that they are not interfering with marriages solemnized by Islamic rituals under Muslim Personal Law. The goal is to prevent child marriages and improve the overall registration process12.34
This progressive step aims to protect the rights of Muslim women and promote responsible marriages in Assam. 🌟