Will the Sub-Registrar say Barak-Allah!

Nikahs ie marriages in a typical Muslim society in Tamil Nadu has always been more than a ritual. The ambience, the spectacle, the revered silence maintained by the huge gatherings in the Mosques, the recital of the quranic verses etc. etc make the wedding experience unique and unforgettable.
When the Imam or Qazi asks the bride-groom 'Kya Aapne Qubool kya?' the bride-groom mutters his consent and signs in the register in the Mosque itself. It is the most defining moment of one's life. That is the moment when you take a new entrant in your life as your life-mate and soul-mate for the rest of your life.
In fact, ask any Muslim, he will remember distinctly his moment- the moment when he uttered those words : "Haan Main ne qabool kya"
Everything is passe now.
A new law promulgated by the Tamil Nadu Government is all set to rob away the niceties of the ceremony. Instead of pious, heavenly Imam Sahib of your Mosque you may have to answer the queries of a government servant, in this case Sub-registrar. Compare the ambience of the Mosque with that of a government building.

The Tamil Nadu Government has come out with a new law Registration of Marriages Act 2009 of Tamil Nadu. It has been enforced in Tamil Nadu from 24th November, 2009. The intention of the government is laudable. But, the Muslim community is perplexed. While on one hand it views and perceives the DMK Government as friendly one. On the other hand doubts are being raised over certain provisions of the aforesaid law. There is also fear of Uniform civil code looming large over the community.

It should be noted that there is time-tested, successful, and age old tradition of registering each and every marriages solemnized in the Mosques in vogue in Tamil Nadu.

Amidst this scenario, A large number of Muslim Ulema, Muthawallis and social activists, in a joint meeting held at Vellore on January 14, rejected the newly enacted Registration of Marriages Act 2009 of Tamil Nadu. V. M. Khaleelur Rahman, a freelance journalist and blogger has given a detailed report of this meeting in his blog. Excerpts from his report:

This high-powered meeting presided over by Maulana Waliullah, Founder-Principal, Madrasa Madinul Uloom, Vaniyambadi, was attended by about 500 Ulema, Muthawallis and other representatives of different places like Ambur, Vaniyambadi, Vellore, Gudiyattam, Pernambut, Melvisharam, Ranipet, Omerabad. Representatives of leading Muslim organisations including Jamaat-ul-Ulema, Jamiat-ul-Ulema, Jamaat-e-Islami Hind and Jamiat Ahle Hadees also participated in the meeting, which was conducted by Maulana Ayub Rahmani, Member All India Muslim Personal Law Board.

The consensus emerged in the meeting was that the Registration of Marriages Act 2009 is not only a burden on the people as many of its clauses are cumbersome and erroneous but also a direct intervention in the Muslim Personal Law and a ruse for introducing a uniform civil code.

Speakers argued that the stipulation that the couples should go to the office along with their parents to register the marriages is uncalled for. The clause that the application for registration of the marriages which can be made within three months will be rejected if it is found faulty is insulting beyond expression. The speakers contented that if it is rejected on some pretext or other the couples will be in an awkward position even though their marriage would have already been solemnised according to the Islamic Shari’ah by Qazis and entered in the register available with the jamats in the mohalla masjids.

Many argued, “When registrations of birth and death have been simplified now from the past troublesome procedures, why is it that the registration of marriages is not made simple by accepting a copy of the Nikah Nama from the Jamat?”

Apart from these there is also no provision for entry of any unfortunate happenings like divorce or khula. According to them, there are many lacunae in the Act. It was also announced in the meeting that the All India Muslim Personal Law Board, which has received a communication from the Central Government about registration of marriages, is to meet in the near future and take a decision on this vital issue.

Thiru Gyanesekaran, Congress M.L.A., said he had opposed the proposal for the compulsory registration of marriages in the Tamil Nadu Assembly as people would have to face difficulties on it. Abdul Basith, Muslim League M.L.A., said that he had also opposed it and wanted the government to consult the community leaders on this issue.

The speeches of the Ulema were thought-provoking and listened to with pin-drop silence. They made it clear that the Muslim community has been maintaining the marriage registers in their Mohalla Jamats for the past more than one hundred years. A Muslim living at a particular town cannot marry a woman living at another place without getting a certificate of his or her marital status and other things from his local Mohalla Jamat. But it cannot be the case in the newly introduced Registration of Marriages Act.

There is possibility of this Act being misused by unscrupulous people.

A resolution adopted in the meeting calls on the government to exempt the Muslim community from the compulsory Registration of Marriages Act 2009. Of course if the registration of marriages is made easier as in the cases of registration of birth and death, the Muslim community will be happy to accept it and provide for the authorities concerned a copy of Nikah Nama (marriage certificate) issued by the jamats or masjids.

Some such meetings are in the offing in other districts also. There are reports that many masjid jamats in different parts of Tamil Nadu are also to submit memorandums signed by thousands of people to the government to exempt the Muslim community from this Act.

Maulana Waliullah of Vaniyambadi told this scribe that the Act is a violation of the minority rights guaranteed in the Constitution of our country and a direct attempt to interfere in the Muslim Personal Law and hence their protest and appeal. He hopes that the DMK government will respect the sentiments of the Muslim community and do the needful. It is learnt that a state level conference is to be convened shortly for this purpose.

Speakers included Maulana A.E.M. Abdur Rahman, President, Jamaat-ul-Ulema; Maulana Ahmed Kabeer, President, Tamil Nadu Unit of Jamiat-ul-Ulema-e-Hind; Maulana Khaleelur Rahman Azami, former Principal, Jamia Darus Salam, Omerabad; Maulana Mufti Salahuddin, Imam and Khateeb, Jama Masjid, Ambur; Patel Mohammed Yousuf, Member Advisory Committee, Jamaat-e-Islami Hind; Thiru Gyanesekaran, Congress M.L.A.; M. Abdur Rahman, Muslim League M.P.; and Abdul Basith, Muslim League M.L.A.