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Clerics, elders give a resounding ‘no’...

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Express news service

Posted online: Saturday , February 23, 2008 at 02:42:19
Updated: Saturday , February 23, 2008 at 03:01:42


Kolkata, February 22 The recent announcement by the state government to make marriage registration compulsory for everyone — irrespective of religion — has not gone down well with the Muslims .

A majority of clerics have termed the government’s notification as an intervention in the Muslim Personal Law Board. The Muslim groups are expected to issue a joint declaration at the March 2 meeting of the All India Muslim Personal Law Board, where they will make it clear that Muslims will not abide by the new notification.

“It is all right to register marriages. But this should not be made compulsory. Any legislation the government(s) make, should not have conditions that go against the Sharia,” Maulana Syed Nizamuddin, general secretary of the All India Muslim Personal Law Board, told The Indian Express.

A slow but steady opposition is gaining momentum in Muslim-dominated districts and several meetings have already been organised at Khidderpore, Tantibagan, Tipu Sultan Masjid in Kolkata and in districts such as Burdwan, Murshidabad and North 24-Parganas over the issue.

After the Supreme Court directed the state governments to make marriage registration compulsory, the Left Front government issued a notification stating among other things that “Muhammadan” marriages will have to be compulsorily registered like marriages performed in any other community.

At present, Muslim marriages within the community members are considered “registered” only if it is registered by a government-appointed registrar in accordance with the “Bengal Muhammadan Marriages and Divorces Registration Act, 1876”.

“So far, registration of Muslim marriages under the act were done voluntarily,” said a law department official.

But not every Muslim is opposed to the idea of compulsory marriage registration.

“I can’t say if the new order contradicts our personal law but registration is the need of the day. Marital problems are common among NRIs and youngsters who get married and part ways without being responsible,” said A Alam, a businessman.

“I don’t have any problem with compulsory registration. But marriages taking place in front of guests are evidence enough. There should be provisions to accept these,” said F Mullick, an MBA student.

A majority of Muslims do not visit the state-appointed registrars and solemnises marriages (through nikah) in presence of clerics at a mosque or marriage hall. Some Muslim societies maintain a personal register of these marriages. While marriages performed in this way are in sync with the Islamic code, it becomes difficult to produce these certificates as a proof in a law court.

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