The Gauhati High Court has directed the Assam government to respond to a petition challenging the legality of the Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024. The petition, filed by the All Assam Muslim Marriages and Divorces Registrar and Kazi Association, contests the newly enacted law, which replaces the Assam Moslem Marriages and Divorces Registration Act, 1935. The court has given the state government four weeks to respond and has stated that the issue of interim relief will be considered during the next hearing.

The 2024 law mandates the registration of Muslim marriages and divorces with the government, replacing the previous system in which Muslim marriages were registered through kazis (clerics). The new law aims to address concerns related to child marriage, polygamy, and other issues within Muslim marriages. The petitioners argue that the law unjustly disrupts the traditional role of kazis and harms their ability to perform their duties, which they claim impacts their livelihood and violates their rights under Articles 25 and 26 of the Constitution of India, which guarantee the freedom to practice religion and manage religious affairs.

The petitioners further argue that instead of repealing the 1935 Act, an amendment would have been sufficient to address the shortcomings of the previous law. They contend that the new law unlawfully interferes with religious practices and rituals related to marriage and divorce, which are central to the Muslim community’s faith. The petitioners also reject the state's argument that Muslim marriages were not required to be registered previously, pointing out that a 2010 amendment had already made registration mandatory for Muslim marriages. The case will be closely watched as it could have significant implications for the rights of the Muslim community in Assam and the state's role in regulating religious practices.