Why is the Assam government repealing the Muslim Marriage Act?

After a meeting held on 23rd February, a statement was made which said that the Assam state Cabinet had taken the big decision to repeal the Muslim Marriage and Divorce Registration Act of 1935. The Cabinet assented to the "Assam Repealing Ordinance 2024". This will repeal the Muslim Marriage Act. 

Wondering why the state government has taken the big step? Let's understand. 

A bit about the Act 

The Act was enacted in the year 1935. The process of registration of Muslim marriages and divorce is listed in the Act.
An amendment of the Act took place in the year 2010 in which the word "voluntary" was replaced with the word "compulsory". This very change made the registration of Muslim marriage and divorce a mandate in the state of Assam.

ALSO READ: PETA says No to these Assamese traditions. What could be the reasons?

As per the Act, the state is entitled to free licenses to anyone being a Muslim to register divorces or marriages. Muslim registrars are considered to be public servants. The process of registration is laid down in the Act. 

ALSO READ: Child marriage cases still prevalent in West Bengal. Why so?

Why did Assam state government decide to repeal the Act? 

Himanta Biswa Sharma, the Chief Minister of Assam claims that the decision is actually another important step to prohibit child marriages in the state. The Chief Minister said that the Act holds provisions that assent to marriage registrations even in cases where the bride or groom have not hit their respective legal marriageable ages.

Furthermore, the Act was called an "obsolete pre-Independence Act" for the then Province in a note on the Cabinet meeting. The note also mentioned that the Act's machinery is actually "informal". This attribute of the Act being informal leaves a substantial scope for non-compliance with the norms that are already present.

Experts are also holding similar views. A committee was appointed by the state government in order to examine the legality of a law that aimed at banning polygamy. Advocate Nekibur Zaman was also a part of the committee. The Advocate expressed that the Act actually governs issues of talaq and nikah in Assam. The authority, as per the Advocate, in this case, is a kazi registered by the government. Now, Advocate Nekibur Zaman claims that many kazis actually misuse their powers, thereby making the marriage of minors possible. Moreover, the kazis also enable divorce without the right grounds. Therefore, Advocate Nekibur Zaman claims the Act to be an outdated one.

Recently, the state of Uttarakhand became the very first state in the country to welcome a Uniform Civil Code. On this, the BJP government of Assam expressed that it plans to do the same with the state of Assam. minster Jayanta Malla Baruah also calls the step a significant one. The minister also stated that after the Act was repealed, Muslim marriages must be registered under the Special Marriage Act in the state.

ALSO READ: What are UAE’s new laws on child custody, marriage, and divorce for non-Muslim residents?

ALSO READ: Indian Supreme Court Rejects Same-Sex Marriage Appeal; All You Need to Know