assam-ends-kazi-system-with-new-muslim-marriage-bill

The Assam Assembly on Thursday passed a bill to repeal the Assam Moslem Marriages and Divorces Registration Act of 1935.

The decision, according to the state government aims to eliminate the existing system for registering Muslim marriages and divorces.

The bill, tabled by Revenue and Disaster Management Minister Jogen Mohan on August 22, seeks to dismantle both the Act and the accompanying Assam Repealing Ordinance 2024.

 

The legislation will terminate the role of Kazis—Muslim clerics who previously oversaw marriage and divorce registrations.

 

Chief Minister Himanta Biswa Sarma, addressing the Assembly, clarified that the goal is not only to curb child marriages but also to integrate the registration of Muslim marriages and divorces into the government system.

 

"Our aim is to move away from the Kazi system and ensure that all marriages are registered in accordance with Supreme Court orders," Sarma said.

 

He argued that relying on a private body like the Kazis was not in the state's interest.

 

Minister Mohan outlined the rationale behind the repeal in the bill’s Statement of Object and Reasons.

 

He highlighted the lack of robust provisions for monitoring and enforcing the Act, which he claimed had led to widespread litigation and misuse. 

 

The current system, Mohan argued, allowed for underage and forced marriages due to its informal registration process and lack of mandatory compliance.

 

The bill also addresses concerns over potential misuse by both marriage registrars and citizens, pointing out the issues with underage marriages and forced unions without proper consent.

 

The Act, a remnant of British colonial legislation, was originally designed for social and religious purposes within the Muslim community in Assam.

 

On August 27, the Assam government introduced The Assam Compulsory Registration of Muslim Marriage and Divorce Bill, 2024, as a replacement measure.

 

This new bill aims to provide a more formal and regulated framework for marriage registration, aligning with broader legal standards.

 

Opposition parties have condemned the move, accusing the ruling government of discriminatory practices designed to polarise voters ahead of the elections.

 

They argue that the repeal of the Act is a targeted attempt to undermine Muslim social structures.