What is Compulsory Muslim marriage registration Assam? | Explained

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According to the government, the Act was introduced for compulsory registration of Muslim marriages and divorces in Assam. Representative photo | Photo Credit: Getty Images/iStockphoto

The story so far: On September 24, the Assam Cabinet approved the Assam Muslim Marriage Registration (Compulsory) Rules, 2026, establishing a uniform procedure for the mandatory registration of Muslim marriages in the State. The rules, yet to be in the public domain, operationalise the provisions of the Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024, which replaced the British-era The Assam Moslem Marriages and Divorces Registration Act, 1935.

According to the government, the Act was introduced for compulsory registration of Muslim marriages and divorces in Assam, and to protect the rights of married Muslims in connected matters. It came into force after receiving the Governor’s assent on October 19 and was published in the Assam Gazette on October 25, 2024. The Act applies to any Muslim marriage solemnised within Assam, whether before or after its commencement, other than a marriage solemnised under the Special Marriage Act, 1954. “Marriage” under this Act includes a nikah or any other ceremony conducted under the Muslim Personal Law and Islamic rituals. Also, it covers remarriage after the death of a spouse or the dissolution of a previous marriage. Section 26 of this Act states that it is in addition to, and not in derogation of, the prevailing Muslim personal laws, indicating that its provisions do not override or replace the Muslim Personal Law but add a compulsory registration requirement to it.

Section 3 of the Act says several conditions must be satisfied before a marriage can be registered, notwithstanding anything contained in any other law or usage to the contrary. It requires that a ceremony of marriage must have actually been performed, and the parties must have been living together as husband and wife since the solemnisation, with either party having resided within the district of the Marriage and Divorce Registrar for at least 30 days preceding the date of marriage.

It also says the bride must have completed 18 years of age and the bridegroom 21 years of age on the date of solemnisation, and the marriage must have been solemnised with the free consent of both parties. “…the parties shall not be within the prohibited degree of relationship as per Shariat or Muslim Law,” it further says, specifying that the application for marriage must be accompanied by documents establishing identity, age, and place of residence of the parties.

The Act says the registration process begins with a notice of marriage. Under Section 4, when a marriage is solemnised or intended to be solemnised, the parties must give a written notice in the prescribed format to the Marriage and Divorce Registrar of the district where at least one party has resided for not less than 30 days immediately preceding the notice. The Registrar is then required to enter the notice in a marriage notebook and publish it by affixing a copy at a conspicuous place in the office.

Any person may, within 30 days from the date of such publication, object to the marriage on the ground that it contravenes one or more conditions specified in Section 3. The Registrar is needed to record the nature of any objection, explain it to the objector(s) where necessary, and take his/her or their signature(s). The Registrar is expected to inquire into the objection within 30 days and decide. For registration, Section 8 says that the parties must apply, within 30 days of solemnisation, with the prescribed fee, along with the declaration and notice signed by both parties.

The Registrar has to verify the documents, give a public notice for objections for 30 days, and enter a certificate of marriage in the Marriage Certificate Book after hearing any objections. The book needs to be signed by both parties and witnesses. The Registrar is expected to complete the process within 30 days after expiry of the notice period (where there is no objection), or within an outer limit of 60 days where objections have been received. If the Registrar refuses to solemnise or register a marriage, the aggrieved party may prefer a first appeal to the District Registrar within 30 days, and if still dissatisfied, a second appeal to the Registrar General of Marriage, whose decision is final.

Further, Section 22 has a provision to condone delay in registration, where the Registrar can condone a delay of up to 30 days on payment of additional prescribed fees, and the Registrar General may allow registration even beyond that in exceptional circumstances involving undue hardship, subject to double fees.

Section 12 of the Act deals with registration of divorces, effected either through a decree of a competent court or otherwise. Whenever a marriage is dissolved, the parties may apply to the jurisdictional Marriage and Divorce Registrar for registration of the divorce within 30 days. The Section says the Registrar should “satisfy himself whether or not such divorce was effected, by the person or persons by whom the divorce is claimed to have been effected”, before making an entry in the Divorce Register in the presence of the applicants and after obtaining their signatures.

The Act spells out penalties, too. Under Section 18, anyone who makes or signs a false marriage certificate, knowing or believing it to be false, can face imprisonment up to two years, or a fine up to ₹10,000, or both, with additional penalties if the act amounts to forgery under the Bharatiya Nyaya Sanhita (BNS), 2023. Under Section 19, whoever knowingly registers a marriage that violates the conditions of Section 3 can be punished with simple imprisonment up to one year and a fine up to ₹50,000.

Under Section 20, secreting, destroying, or dishonestly/fraudulently altering the marriage or divorce register is punishable under the BNS. Section 9(2) says the Registrar must report the matter and transmit records to the jurisdictional Child Marriage Prohibition Officer if either party is found to be a minor during scrutiny.

While the ruling Bharatiya Janata Party and its allies hailed the Act, Opposition leaders and critics said it was discriminatory and contrary to secular principles for targeting Muslims. Some organisations, including the All Assam Qazi Association, filed petitions before the Gauhati High Court, contending that abolishing the traditional role of Qazis infringed upon religious freedoms protected under Article 25 of the Constitution of India. The petitions also argued that removing the Qazis from the registration system affected the livelihoods of traditional registrars and clerics who managed these religious and social arrangements for ages.

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