Kazis Act, 1880: Complete Simple Guide to Appointment of Kazis for Muslim Nikah in India -

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Introduction

The Kazis Act, 1880 is one of the shortest and oldest laws still in use in India. It has only 7 sections and is just 2–3 pages long. British rulers made this law to give official recognition to Muslim religious officers called “Kazis” (also spelled Qazi). A Kazi’s main job is to perform and witness Nikah (Muslim marriage). Even though the law is 145 years old, it is still fully active in 2025. Many states keep appointing new Kazis every few years. The law does not make Kazi compulsory for Nikah, but having a government-appointed Kazi gives extra legal safety and respect to the marriage.

Scope & Objective

Scope: The Act applies to the whole of India (including Jammu & Kashmir after 2019). It covers only Muslims who follow Hanafi (Sunni) school by default, but states use it for all Muslim sects.
Objective: – To give government recognition to Kazis so their work has official value. – To maintain public records of appointments. – To stop fake persons from acting as Kazis and cheating people. – To help Muslim marriages run smoothly with a trusted religious officer.

Key Definitions Explained with Real-Life Examples

The Act uses very few words, but these are important:

Kazi / Qazi: A Muslim religious officer appointed by the government to perform Nikah and other religious duties. Example: Mr Ahmed is appointed as “Kazi of Lucknow District” by the Uttar Pradesh government. Now he can legally sign Nikahnamas in his area.
Nikah: The Islamic marriage contract. The Kazi reads the sermon (khutba), asks ijab-qabool (acceptance), and signs as witness. Example: Ayesha and Faisal want a proper Nikah. They invite the government Kazi. His signature makes the Nikah officially recognised everywhere – banks, passport office, courts.
Local Government: Means the State Government or District Magistrate today. Example: In Delhi, the Revenue Department appoints Kazis. In Maharashtra, the Collector does it.

Applicability of the Law

It applies to every state and union territory.
Any Muslim (man or woman) can become a Kazi if the law does not stop women, though most appointees are men.
The Act is optional – a Nikah is valid even without a government Kazi (three adult Muslim witnesses are enough), but government Kazi gives extra legal protection.
Courts accept Nikahnama signed by a government-appointed Kazi as strong proof of marriage.
Private or mosque Kazis can also perform Nikah, but they do not have official government status.

Important Provisions of the Law – Step-by-Step Simple Explanation

Section 1 – Name and area The Act is called “The Kazis Act, 1880” and works in all of India.

Section 2 – Power to appoint Kazis

State governments and District Magistrates can appoint any suitable Muslim as Kazi for a city, town, or village.
They publish the name in the Official Gazette (government newspaper). Real example: In 2024, Rajasthan government appointed 22 new Kazis and published their names in Rajasthan Rajpatra.

Section 3 – Existing Kazis continue

All Kazis who were already working before 1880 automatically continue. Their children or successors do not automatically get the post – new appointment is needed.

Section 4 – Duties of a Kazi The Kazi can:

Perform Nikah and witness Nikahnama
Read the khutba (marriage sermon)
Do other Muslim religious ceremonies (like naming babies, funerals, etc.) Important point: The law does NOT make these duties compulsory. It only says “if the government asks”.

Section 5 – Kazi can ask for fees A government Kazi can charge reasonable fees for Nikah. The state can fix the maximum fee. Example: Many states fix ₹500 to ₹2,000 as official fee.

Section 6 – Keep a register Every Kazi must keep a register of Nikahs and other ceremonies and send copies to the government when asked.

Section 7 – Nothing forces anyone to use Kazi No Muslim is forced to call a government Kazi. You can have Nikah in mosque or home with any respected person.

2025 Practical Situation

Most states still appoint Kazis regularly (UP, Bihar, West Bengal, Rajasthan, Madhya Pradesh, Delhi, etc.).
Some states have stopped new appointments and say “Nikah is valid without Kazi”, but old appointments continue.
Supreme Court (2022 & 2024 judgments) has said Nikahnama signed by government Kazi is very strong proof in court for marriage, maintenance, and inheritance cases.
Many couples now prefer government Kazi to avoid future legal problems.

Final Simple Advice

Nikah is valid without a government Kazi – Islamically and legally.
But inviting a government-appointed Kazi gives you an official signature and record.
Always check your state government website or District Magistrate office for the list of current Kazis.
Keep the original Nikahnama safe – it works like a marriage certificate.

This tiny 145-year-old law quietly helps millions of Muslim marriages stay safe and respected in modern India!