Assam cabinet approves rules for mandatory registration of Muslim marriages, divorces

The Assam assembly in August 2024 had passed The Assam Compulsory Registration of Muslim Marriage and Divorce Bill, 2024

The Assam cabinet on Thursday approved rules for mandatory registration of Muslim marriages and divorces in the state, two years after the state assembly passed legislation making such registration compulsory.

“We had earlier decided that ‘Kazis’ (Muslim scholars) won’t register Muslim marriages in Assam. But it wasn’t clear who would do the registration. Today the cabinet approved the Assam Muslim Marriage Registration (Compulsory) Rules, 2026,” chief minister Himanta Biswa Sarma said after a meeting.

“From now, Muslim couples can register their marriages at common offices of registrars of marriages. If the number of applications are large we will ensure that registrations can be done at the panchayat level too,” he added.

The Assam assembly in August 2024 had passed The Assam Compulsory Registration of Muslim Marriage and Divorce Bill, 2024, which aims to curb child marriages and made it mandatory to register all marriages and divorces with government-appointed marriage and divorce registrars.

The new legislation replaced the earlier law, the Assam Muslim Marriages and Divorce Registration Act, 1935, which had the provision of registering marriages and divorces through Kazis, but it was not mandatory.

The old law also allowed registration of marriages and divorces of minors if their guardians applied, which the new law didn’t allow. As per the new law, registration of the marriage should take place within 30 days of the marriage. Couples who are planning to get married as per Muslim personal laws can also get themselves registered through the new law.

Similarly, divorces should also get registered within one month of taking place.

The new law stipulates that if anyone is found to produce fake or forged certificates (to register a marriage or divorce), they can be imprisoned for up to two years or be imposed a fine of up to ₹10,000, or both. They would also be tried for forgery under relevant provisions of the Bharatiya Nyaya Sanhita, 2023.

If anyone is found registering a marriage in violation of the provisions of the new law, they can be imprisoned for up to one year and imposed a fine of up to ₹50,000.

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