Assam government mulls to ban polygamy in state, says CM Himanta Biswa Sarma

The Assam government has decided to form an expert committee to examine whether the state Legislature is empowered to prohibit polygamy in the state. 

The committee will examine the provisions of The Muslim Personal Law (Shariat) Act, 1937 read with Article 25 of the Constitution of India, Vis-a-Vis the directive principle of state policy.

The committee will engage in extensive discussions with all stakeholders, including legal experts, to arrive at a well-informed decision.

The Assam Government has decided to form an expert committee to examine whether the state Legislature is empowered to prohibit polygamy in the state. The committee will examine the provisions of The Muslim Personal Law (Shariat) Act, 1937 read with Article 25 of the Constitution…

— Himanta Biswa Sarma (@himantabiswa) May 9, 2023

What does The Muslim Personal Law (Shariat) Act, of 1937 say: 

The Muslim Personal Law (Shariat) Act, of 1937 is a short statute with five provisions only. With each provision holding its own significance, individual analysis of each of them stands relevant. The scheme of the Act of 1937 is provided here under:

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Application of the Act, 1937

Section 2 of the Muslim Personal Law (Shariat) Act, 1937 talks about the application of Personal Law to Muslims. 

The provision reads as “Notwithstanding any customs or usage to the contrary, in all questions (save questions relating to agricultural land) regarding intestate succession, special property of females, including personal property inherited or obtained under contract or gift or any other provision of Personal Law, marriage, dissolution of marriage, including talaq, illa, zihar, lian, khula and mubaraat, maintenance, dower, guardianship gifts, trusts and trust properties, and wakfs (other than charities and charitable institutions and charitable and religious endowments) the rule of decision in cases where the parties are Muslims shall be the Muslim Personal Law (Shariat).” 

The provision thus covers ten subject matters within its umbrella which are:

Intestate succession; Dissolution of marriage that also includes all kinds of divorce as well namely talaq, illa, zihar, lian, khula, and mubarat; Maintenance; Dower; The special property of the females; marriage; Guardianship; Gift; Trust, and its associated properties; and Wakf.

In order to interpret this provision, two essential phrases present in this Section need to be highlighted, which are:

“Notwithstanding any customs or usage to the contrary”, and “Shall be the Muslim Personal Law (Shariat)”.