From inheritance to halala: Uttarakhand Waqf Board’s bid to recast the nikahnama

The Uttarakhand Waqf Board aims to revise the nikahnama, or marriage contract, to align with the Uniform Civil Code (UCC) in the state. Chairman Shadab Shams proposed that daughters should inherit an equal share of their father's property after marriage, in contrast to Sharia law which grants daughters a fixed share often less than a son's.

The revised nikahnama will eliminate columns for multiple marriages, as under the UCC, a Muslim man can only have one spouse. It will also ban triple talaq, a practice whereby a Muslim man can instantly divorce his wife by pronouncing the word "talaq" three times. Another provision will address halala, a practice where a divorced woman is forced into marrying another man before returning to her original husband, which the UCC prohibits and could result in criminal action.

The Board plans to inform women of their rights regarding halala and establish a toll-free helpline for reporting issues. The document will also allow women to decide the length of iddat, the mourning period after their husband's death, which traditionally lasts four months and ten days. The Board intends to restrict marriages to those conducted by qazis, or religious officials, who possess an ID issued by the Waqf Board.

Both parties must be adults with valid identification, and the woman should be at least 18 while the man should be at least 21. The Board aims to prevent unauthorized marriages and claims that this system will safeguard both qazis and the Muslim community. The draft, currently under preparation, has been reviewed by various stakeholders, including Muslim ulema, religious leaders, and legal experts. The goal is to reform the law without causing conflict.