Assam Cabinet Approves Rules for Compulsory Muslim Marriage Registration

The Assam Cabinet on September 24 approved the Assam Muslim Marriage Registration (Compulsory) Rules, 2026, laying down a uniform procedure for mandatory registration of Muslim marriages in the State. The rules, which are yet to be made public, give effect to the Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024 — a law that replaced the British-era Assam Moslem Marriages and Divorces Registration Act, 1935.

The 2024 law and its scope

The 2024 Act, which received the Governor's assent on October 19 and was published in the Assam Gazette on October 25 that year, was introduced to make registration of Muslim marriages and divorces compulsory and to protect the rights of married Muslims in connected matters. It applies to any Muslim marriage solemnised within Assam, whether before or after the law came into force, except marriages solemnised under the Special Marriage Act, 1954. "Marriage" covers a nikah or any other ceremony conducted under Muslim Personal Law and Islamic rituals, and includes remarriage after the death of a spouse or the dissolution of a previous marriage. Section 26 states that the Act is in addition to, and not in derogation of, prevailing Muslim personal laws — meaning it does not override personal law but adds a compulsory registration requirement.

Conditions for registration

Section 3 sets out conditions that must be met before a marriage can be registered. A marriage ceremony must actually have been performed, and the parties must have lived together as husband and wife since solemnisation, with at least one party having resided in the district of the Marriage and Divorce Registrar for at least 30 days preceding the marriage. The bride must have completed 18 years and the bridegroom 21 years on the date of solemnisation, and the marriage must have been solemnised with the free consent of both parties. The parties must not be within the prohibited degree of relationship under Shariat or Muslim law. Applications must be accompanied by documents establishing identity, age and place of residence.

Registration process and objections

Under Section 4, parties must give 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 before the notice. The Registrar enters the notice in a marriage notebook and publishes it by affixing a copy at a conspicuous place in the office. Any person may object within 30 days of publication on the ground that the marriage contravenes one or more conditions in Section 3. The Registrar must record the nature of the objection, explain it to the objector where necessary, obtain signatures, and inquire into and decide the objection within 30 days.

For registration, Section 8 requires parties to apply within 30 days of solemnisation with the prescribed fee and a declaration and notice signed by both. The Registrar verifies documents, issues a public notice inviting objections for 30 days, and enters a certificate in the Marriage Certificate Book after hearing any objections. The book must be signed by both parties and witnesses. The process is to be completed within 30 days after the notice period where there is no objection, or within an outer limit of 60 days where objections are received. A party aggrieved by a refusal to solemnise or register may appeal first to the District Registrar within 30 days, and then to the Registrar General of Marriage, whose decision is final. Section 22 allows the Registrar to condone delays of up to 30 days on payment of additional fees, while the Registrar General may permit registration beyond that in exceptional cases of undue hardship, subject to double fees.

Divorce, penalties and safeguards

Section 12 deals with registration of divorces, whether effected by a decree of a competent court or otherwise. Parties may apply to the jurisdictional Registrar within 30 days of dissolution. The Registrar must satisfy himself whether the divorce was in fact effected by the person or persons claiming it, before making an entry in the Divorce Register in the presence of the applicants and after obtaining their signatures.

The Act also prescribes penalties. Under Section 18, making or signing a false marriage certificate knowingly or believing it to be false can attract imprisonment of up to two years, a fine of up to ₹10,000, or both, with additional penalties if the act amounts to forgery under the Bharatiya Nyaya Sanhita, 2023. Section 19 provides for simple imprisonment of up to one year and a fine of up to ₹50,000 for knowingly registering a marriage that violates Section 3 conditions. Section 20 makes secreting, destroying or fraudulently altering the marriage or divorce register punishable under the BNS. Section 9(2) requires the Registrar to report the matter and transmit records to the jurisdictional Child Marriage Prohibition Officer if either party is found to be a minor during scrutiny.

Political and legal response

The ruling Bharatiya Janata Party and its allies welcomed the Act, while Opposition leaders and critics described it as discriminatory and contrary to secular principles for targeting Muslims. Some organisations, including the All Assam Qazi Association, moved the Gauhati High Court, arguing that abolishing the traditional role of Qazis infringed religious freedoms protected under Article 25 of the Constitution. The petitions also contended that removing Qazis from the registration system affected the livelihoods of traditional registrars and clerics who had managed these religious and social arrangements for generations.