Representatives from Muslim organisations have raised objections, citing potential infringements on the autonomy of personal laws within the Muslim community.
Mohammad Alamullah | Clarion India
NEW DELHI – Assam Cabinet’s decision to repeal the long-standing Assam Muslim Marriage and Divorce Registration Act of 1935 has come in for sharp criticism with Congress MLA Abdur Rashid Mandal describing the move as a deliberate ploy to appease Hindu sentiments at the expense of the Muslim community.
Mandal vehemently opposed the decision, denouncing the ruling Bharatiya Janata Party (BJP) government as “anti-Muslim.” He said the issue has deliberately been raked up with eyes on the ensuing Lok Sabha elections.
The Cabinet move is being viewed as a significant step towards implementing a Uniform Civil Code in the state. It has shifted all matters concerning Muslim marriages and divorces to the ambit of the Special Marriages Act.
Mandal pointed to the government’s failure to enact broader reforms, such as implementing a Uniform Civil Code and banning polygamy, portraying the repeal as discriminatory.
Echoing Mandal’s sentiments, All India United Democratic Front (AIUDF) MLA Rafiqul Islam questioned the government’s commitment to enacting a Uniform Civil Code, casting doubt on its resolve and accusing it of targeting Muslims for political gain. Islam contended that the government lacks the courage to implement substantive reforms and asserted that the Assam cabinet overstepped its constitutional bounds by repealing the act.
Assam Cabinet Minister Jayanta Malla Baruah defended the repeal as a significant step towards achieving legal uniformity and gender equality. He emphasised that the decision aligns with the government’s broader agenda of promoting a Uniform Civil Code, with all matters regarding Muslim marriages and divorces now falling under the purview of the Special Marriages Act. Malla Baruah further asserted that the repeal aims to combat social evils like child marriage, highlighting provisions within the act that facilitated such practices.
Additionally, Samajwadi Party MP Syed Tufail Hasan expressed indifference towards the government’s decision, emphasising the primacy of religious customs within the Muslim community. Hasan asserted that Muslims will adhere solely to Shariah (Islamic jurisprudence) and the Qur’an, implying that state-imposed regulations hold little sway over religious practices.
Chief Minister Himanta Biswa Sarma defended the repeal as a necessary measure to combat child marriages. He lauded the decision as a significant step towards upholding the rights of women and protecting vulnerable individuals from exploitation.
The Assam government’s decision has sparked mixed reactions from civil society organisations and religious leaders. While some have welcomed the move as a step towards legal uniformity, others have expressed concerns over its potential impact on religious freedoms and minority rights. Representatives from Muslim organisations have raised objections, citing potential infringements on the autonomy of personal laws within the Muslim community.
As Muslims in Assam grapple with the implications of this repeal, it is imperative for civil society to stand united against religious discrimination and uphold the principles of equality and justice for all citizens.
