SC wants marriages registered, Muslim board objects ( By IBNlive.com)
by zinawar on Oct 25, 2007 08:29 PM Permalink | Hide replies
New Delhi: The All India Muslim Personal Law Board has objected to the Supreme Court%u2019s order asking all states and union territories to introduce legislation within three months to make registration of marriage compulsory in all communities.
A bench headed by Justice Arijit Pasayat on Thursday asked governments to file a compliance report and an affidavit after the deadline. The court passed the order after noting that several states had made registration of marriage compulsory only for Hindus.
Khalid Rashid, member of the All India Muslim Personal Law Board, said the judgment interferes with his community%u2019s personal law. Rashid told CNN-IBN that the community keeps record of weddings and the Supreme Court order was %u201Cunwanted hindrance%u201D.
"Marriages in Islam are a religious affair completely. If registration is made compulsory it will bring unwanted hindrances in the solemnization of nikaahs (marriage), so our request to the court and governments is it should be made voluntary and not compulsory. We ourselves keep records of all marriages at our institutions and we don't think there is any need to compulsory registration, which will bring problems, particularly in villages," he said.
Kamal Farooqi, another member of the Muslim board, said the court's order was not against Islam but wanted certain conditions for its implementation. "The authorities must recognise our qazis and there must not be any pre-condition for marriages to be legalised," he said.
RE:SC wants marriages registered, Muslim board objects ( By IBNlive.com)
by zinawar on Oct 25, 2007 08:29 PM Permalink
Parsis and Christians have laws in place to register marriages in their communities. Under the Indian Christian Marriages Act, 1872, entries are made in the marriage register of the church, soon after the ceremony, along with the signatures of the bridegroom, the bride, the officiating priest and witnesses. The Parsi Marriage and Divorce Act, 1936 makes registration necessary in the community.
Under Section VII of the Hindu Marriage Act 1954 has a provision for registration of marriages but it%u2019s left to the couple to either solemnize the marriage before the sub-registrar or register it after wedding.
However, the Hindu Marriage Act says the validity of the marriage will in no way be affected by omission to make the entry in the register. Therefore only under the Hindu Personal Law it is not compulsory to register the marriage.
In Muslim law, a marriage is regarded as a civil contract and the qazi (officiating priest) records the terms of the marriage in a nikahnama, which is handed over to the married couple.
RE:RE:SC wants marriages registered, Muslim board objects ( By IBNlive.com)
by Abdul Naseem on Oct 25, 2007 08:40 PM Permalink
What the problem with Mulsim personal borad....They need everything in Madrassas...
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by on Oct 25, 2007 05:19 PM Permalink | Hide replies
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Its good work doing by CBI to know the income sources of the kin's of Rizwan, to clear the allegations that money was given to them to facilitate the couple's separation.
