சுப்ரீம் கோர்ட் தீர்ப்பு: திருமணத்தை பதிவு செய்ய முஸ்லீம்கள் எதிர்ப்பு

சுப்ரீம் கோர்ட் எல்லா திருமணங்களும் கட்டாயமாக பதிவு செய்யப்பட வேண்டும் என்று ஆணையிட்டிருக்கிறது.
தற்போது இந்து திருமணங்கள் மட்டுமே கட்டாயமாக பதிவு செய்யப்படவேண்டியதாக உள்ளன.
முஸ்லீம்களும் திருமணத்தை பதிவு செய்யவேண்டும் என்பது ஒரு பகுதி முஸ்லீம்களிடையே எதிர்ப்பை உருவாக்கியிருக்கிறது.
இதில் ஷியா பிரிவினர் திருமண பதிவை ஆதரிக்கிறார்கள்.

Muslims oppose SC's order on registration of marriages

Sify Correspondent | Thursday, 25 October , 2007, 17:35

New Delhi: The Supreme Court's latest order asking all states and union territories to make marriages registrations compulsory for followers of all religions has created a political controversy.

While the Opposition BJP welcomed the Apex Court's order on Thursday, the Congress party heading the ruling United Progressive Alliance was cautious in its reaction by saying, "It will study the implication of the court's verdict.”

Meanwhile the All India Muslim Personal Law Board has objected to the Supreme Court's order, which asked all states and union territories to introduce legislation, making registration of marriage compulsory in all communities within three months.

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.

The BJP, which has been campaigning for a common civil code saw the court's order as a vindication of its stand. "We have all along demanded that law should be uniform for members of every community and faith," said BJP spokesman Ravi Shankar Prasad.



However, Congress spokesman Abhishek Singhvi was cautious in reacting to the court's latest order. "It was for the government to respond to the order. As a political party we can only say that the court's order should be respected and complied with," he said.

Striking a somewhat different note, All India Muslim Personal Law Board (AMPLB) member Khalid Rashid described it as "unwanted hindrance". "Marriages in Islam are a religious affair completely. If registration is made compulsory it will bring unwanted hindrances in the solemnization of nikaahs (marriage)," he said, asking the court and governments to make registration voluntary and not compulsory.

"We keep records of all marriages ourselves at our institutions and we don't think there is any need to compulsory registration, as this will bring problems, particularly in villages," he said.

Thursday's order took serious note of the fact that though the Supreme Court had directed all states and union territories to take steps for compulsory registration of marriages in an earlier order on February 14, 2006 only few states had complied with it.

Even in the states which took steps to comply with that order, registration of marriages was made compulsory for Hindus only, the court observed, making it clear that the three month deadline would not be extended any more.

Legal experts said even though non-registration of marriages would not make marriages void, the Supreme Court's order was a step toward formulation of a common civil code.

In its February 2006 order, the Supreme Court had taken note of the fact that most states and union territories had indicated that registration of marriages was highly desirable. "It has been pointed out that compulsory registration of marriage would be a step in the right direction for the prevention of child marriage still prevalent in many parts of the country," the court observed.

At present, registration of marriages is compulsory only in the states of Maharashtra, Gujarat, Karnataka, Himachal Pradesh and Andhra Pradesh and the provision applies only for Hindus.

However, provisions have been made in states like Assam, Bihar, West Bengal, Orissa and Meghalaya for voluntary registration of Muslim marriages.

Thursday's order makes it clear that the provision for compulsory registration would now apply to all religions.

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.