Apart from a few dissenting voices, the SC order on marriage registration is welcomed by all communities

The Supreme Court’s order for compulsory registration of marriages has evoked a mixed response from the Muslim community. While a large section has welcomed the Supreme Court’s verdict, others have reacted against it.

Expressing his views on the SC order, lawyer Sohrab Khan said, “The marriages of Muslims are registered with the Qazi. While performing the nikah, the Qazi writes down the details of the marriage and delivers a copy each to the bride and the groom. India is one of the most secular countries in the world, where everybody is given the right to practice his religion freely. In my opinion, registration of the marriage should not be made compulsory.”

Disagreeing with the view, Maulana Wahiduddin Khan, president, Islamic Centre, said, “The Supreme Court’s order is not against any tenets of Islam. Seeing it as the first step towards the introduction of a uniform civil code in the country makes no sense.”

Another lawyer Purushottam Kumar stated, “The Supreme Court’s order is not against the marriage customs or practices of the Muslims. It is merely about the formal registration of marriage that could help prevent the exploitation of women.”

Territories to pass laws for making registration compulsory within three months of marriages. Earlier, on February 14, 2006, the Supreme Court had directly that all marriages in the country be registered bt confusion had prevailed over its implementation as only a few states were observing the court's direction.

The strict barriers of religion goverining the customs of marriage and its registration have rendered the state governments helpless in implementing the decision uniformly. The response has no far been generally welcoming except for a few dissenting voices from the Sunni Muslims clerics. Prominent lawyer and member of the AIMPLB, Zafaryab Jeelani said, "Any law meant for the benefit of the people must not cause the inconvenience, irrespective of religion, caste and creed. The law must be enforced strictly but it should not de-recognize marriages merely on the basis of non-registration. Nikah came into existence according to the tents of Islam and no other method or provision on earth can overrule it."
Abdul Rahim Qureshi, asssistant general secretary of the AIMPLB, said, "Practically, it is impossible to implement the law universally as it cannot be applied to the remote areas. Moreover Islam by default arranges registration of marriage in the absence of which a marriage stands nullified. Non-registration should not invalidate an otherwise legal marriage if it can be proven by any other means.”

The Church however welcomed the move. Pastor Ashwani of the Centenary Methodist Church, Lodhi Road, said, “The church registers marriages (Christian Marriage Act 1872) after the couple is formally wedded in a ceremony, but the court orders should be abided by.” Even under the Parsi Marriage and Divorce Act 1939, the registration of marriage within the community is necessary.

Paramjit Singh Sarna, president of the Delhi Gurdwara Prabandhak Committee, praised the Supreme Court’s decision but said that Sikh marriages should be registered under the ‘Anand marriage Act’ - a separate Act governing the affairs of Sikhs. “They should not be slotted under the Hindu Marriage Act.

Supporting the SC order, Tahir Mehmood, former chairman, Minority Commission, said: “Registration of marriages would be advantageous for everybody, be it Hindu, Muslim or Christian. The Supreme Court order is not in conflict with the personal law of Muslims, and I see no merit in opposing it.”


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