Assam Assembly ends 1935 Muslim Marriage Act; aims to eradicate child marriage

Guwahati, August 29: The Assam Assembly on Thursday passed the Assam Repealing Bill, 2024, which abolishes the Assam Moslem Marriages and Divorces Registration Act of 1935 and the Assam Repealing Ordinance of 2024.

The new law, once approved by the Governor, will make it mandatory for all Muslim marriages and divorces in the state to be registered with the government, effectively ending the cleric-led “qazi” system.

Chief Minister Himanta Biswa Sarma, speaking on the floor of the House, highlighted that the bill is a crucial step in the government's broader objective to eradicate child marriage, empower women and ensure that all marriages, regardless of religion, are registered officially with the state.

"Our aim is not just to abolish the qazi system but to put an end to child marriages. We want to bring the registration of Muslim marriages and divorces under a government system. By 2026, I will eradicate child marriage from Assam. So far, seven people have been convicted for 14 years in prison in connection with child marriage," said Sarma.

The Chief Minister outlined the multiple objectives of the new law, including empowering women to claim their rights in the matrimonial home, securing maintenance, and asserting inheritance rights for widows.

Sarma highlighted that Muslim marriage is a serious issue, especially in light of numerous Supreme Court judgments related to "talaq" (divorce). He argued that the outdated 1935 law no longer fits the modern legal framework of an independent India.

"The thought process of the colonial period and that of an independent nation are different," he remarked.

The Chief Minister also addressed concerns about the impact on the over 90 licensed qazis in Assam, who will lose their official roles once the new law takes effect. Earlier, the state cabinet has approved a one-time aid of Rs 2 lakh for their rehabilitation.

Sarma reassured the community that the government is prepared to appoint sub-registrars to manage the registration of Muslim marriages if necessary, to ensure the process is not cumbersome.

In defending the bill, Sarma pointed out that of the states with significant Muslim populations, such as West Bengal, Kerala, and Jammu & Kashmir, the latter two already have government-managed marriage registration systems.