The Assam Obligatory Registration of Muslim Marriages and Divorces Invoice, 2024, launched by income and catastrophe administration minister Jogen Mohan, will exchange the Muslim Marriages and Divorces Act of 1935, which allowed little one marriages and didn’t handle polygamy.The British-era legislation was repealed by an ordinance in March, and the federal government tabled the invoice to repeal it final Thursday.
Chief minister Himanta Biswa Sarma clarified that earlier marriage registrations carried out by Qazis will stay legitimate, and solely new marriages might be topic to the brand new laws.
“We’re not interfering with the marriages solemnised by Islamic rituals beneath Muslim Personnel Legislation in any respect. Our solely situation is that Islam prohibited marriages is not going to be registered,” he added.
Sarma stated, “We wish to abolish the Qazi system within the Muslim marriage registration course of. Aside from it we additionally wish to stop Baby marriage within the state.”
What’s the new legislation?
For a wedding to be registered beneath the brand new legislation, six circumstances should be met: the couple should be residing collectively as husband and spouse for the reason that solemnization of their marriage, residing throughout the district of the wedding and divorce registrar for at the very least 30 days previous the date of marriage, be at the very least 18 years previous for ladies and 21 years previous for boys on the date of solemnization, have freely consented to the wedding, be of sound thoughts and never incompetent or insane on the time of solemnization, and never be throughout the prohibited diploma of relationship as per Shariat or Muslim legislation.
The appliance for marriage registration should embrace paperwork proving the couple’s identification, age, and place of residence. The married couple or bride and bridegroom should additionally declare their marital standing on the time of marriage, whether or not single, divorced, widowed, or widower.
The proposed legislation goals to stop marriages with out the consent of each events and allow married girls to assert their rights to dwell within the matrimonial home and obtain upkeep. It is going to additionally assist widows declare their inheritance rights and different advantages after the dying of their husbands, discourage males from deserting their wives after marriage, and strengthen the establishment of marriage.
The Invoice’s Assertion of Object and Cause highlights its objectives of stopping little one marriages and marriages with out consent, checking polygamy, and defending the rights of married girls and widows.
AIUDF criticises legislation
Talking towards the laws, AIUDF chief Aminul Islam stated”We’re towards Baby marriage and the federal government can amend some provisions within the earlier act, however they did not and repealed the Assam Muslim Marriages and Divorces Registration Act and Guidelines, 1935,”
He added, “Now we have no different choice however to take the matter to courtroom.”
(With company inputs)
