Government-appointed registrars had replaced qazis for registration, with panchayat-level officials likely to be authorised if applications increased 
Assam

Assam Cabinet clears compulsory registration rules for Muslim marriages, divorces

The Cabinet had approved a uniform registration framework two years after the Assembly made registration of Muslim marriages and divorces compulsory

The Assam Cabinet approved rules for the compulsory registration of Muslim marriages and divorces across the state, putting in place the procedural framework for a law passed by the Assembly in 2024. Chief Minister Himanta Biswa Sarma said Muslim couples would now be able to register their marriages with government-appointed registrars, while officials at the panchayat level could also be authorised if the volume of applications increased.

The Assam Muslim Marriage Registration (Compulsory) Rules, 2026, have been framed under Section 25 of the Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024. The legislation had replaced the Assam Muslim Marriages and Divorces Registration Act, 1935, under which registration through qazis was permitted but was not mandatory.

Registrars to replace qazis

Sarma said the government had earlier decided that qazis would no longer register Muslim marriages, but there had been a lack of clarity over the alternative mechanism. “From now on, Muslim marriages will be registered by registrars. If the number of applications is more, then some panchayat-level officials could be authorised to register the marriages so that people don't face problems,” he said after the Cabinet meeting.

The new framework is intended to establish a uniform government-controlled procedure for registration across Assam. Under the 2024 Act, Marriage and Divorce Registrars include registering officers appointed under the Registration Act, 1908, within their respective jurisdictions, as well as other officers who may be notified by the state government.

The Assembly had passed the legislation in August 2024, and it subsequently received the Governor’s assent in October that year. The government had argued that replacing the earlier system with compulsory civil registration would improve documentation, strengthen the legal rights of married Muslim women and help prevent child marriage.

Registration within 30 days

Under the 2024 law, Muslim marriages solemnised in Assam are required to be registered if the stipulated conditions are met, except those solemnised under the Special Marriage Act. The conditions include the woman having completed 18 years and the man 21 years at the time of marriage, free consent of both parties and the absence of legal disabilities under Muslim law.

Applications for registration are required to be made within 30 days of the marriage. The law also provides for the registration of marriages that were solemnised before it came into force, while couples intending to marry according to Muslim personal law can approach the designated registrar under the prescribed procedure.

The previous 1935 law had allowed qazis to register Muslim marriages and divorces but did not make registration compulsory. It also contained provisions under which marriages involving minors could be registered on applications made by their guardians, something the 2024 legislation does not permit.

Penalties for violations

The legislation provides penalties for violations of the registration requirements and for the use of forged documents. A person found producing a false or forged certificate for registering a marriage or divorce can face imprisonment of up to two years, a fine of up to Rs 10,000, or both, apart from proceedings under relevant provisions of the Bharatiya Nyaya Sanhita.

A person found registering a marriage in violation of the provisions of the Act can face imprisonment of up to one year and a fine of up to Rs 50,000. The registration mechanism does not replace the religious ceremony of nikah but establishes a compulsory civil record of marriages and divorces under state law.

Cabinet clears other decisions

The Cabinet also granted a one-time exemption allowing women members of self-help groups to complete Aadhaar enrolment until March 31, 2027. Sarma said the relaxation was necessary because some SHGs were facing difficulties obtaining bank loans as all their members did not possess Aadhaar, but added that there would be no further extension beyond the deadline.

Among other decisions, the Cabinet approved the Rs 796.88-crore Assam Sustainable Wetland and Integrated Fisheries Transformation Project, under which an Asian Development Bank loan will account for Rs 637.504 crore and the state government will contribute Rs 159.376 crore. The project will include infrastructure development at 102 community beels and measures aimed at supporting fisheries and associated livelihoods.

The Cabinet also approved a proposed Rs 11,000-crore investment by JK Lakshmi Cement for a clinker manufacturing unit and four associated cement grinding units in Assam, expected to generate around 2,000 direct jobs. It additionally cleared land allotments and other measures, including a decision to provide subsidised sugar to National Food Security Act beneficiaries during October.