In a contentious move, the Assam government's decision to repeal the Assam Muslim Marriage and Divorce Registration Act, 1935, has drawn strong criticism from an advocate of the Gauhati High Court.
Labeling it as a direct infringement on the fundamental rights of the Muslim community, Advocate Junaid Khalid vehemently opposed the repeal and said that he would challenge it in the court of law.
Expressing his concerns, Advocate Khalid emphasized the cultural and religious significance of the 'Nikah' ceremony within the Muslim community, underlining its importance as a cherished tradition. He argued that the repeal of the longstanding marriage act not only disregarded the community's rights but also disrupted a fundamental aspect of their personal law.
Khalid pointed out that instead of outright repeal, the government should have considered amendments to address any perceived issues, especially concerning age limit. He criticized the decision as arbitrary and pledged to challenge it legally.
The Assam government's move, aimed at paving the way for the introduction of a Uniform Civil Code (UCC), entails transferring all matters concerning Muslim marriages and divorces to the Special Marriages Act. Under this transition, the custody of previously appointed Muslim marriage registrars will be transferred to District Commissioners or District Registrars.
Speaking on the important decision, cabinet minister Jayanta Mallabaruah said, “the cabinet has repealed the Assam Muslim Marriage and Divorce Registration Act 1935. From now on, the divorce or registration of Muslim marriages will not be allowed. Further, District Commissioners or district registrars will get custody of the 94 marriage registrars that existed earlier. The Assam government has also decided to provide a one-time compensation of Rs 2 lakh each to the registrars.”
