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

The Uttarakhand Waqf Board is working on an updated version of the nikahnama to align with the principles of the Uniform Civil Code (UCC), according to Board chairman Shadab Shams. One key aspect of this revised document is the equal division of a father's property between daughters and sons, even after marriage, in contrast to Sharia law, which grants daughters a smaller share.

The current nikahnama includes columns for first, second, and third marriages, but the revised version would eliminate this need, as Muslim men in Uttarakhand are now prohibited from having more than one spouse under the UCC. The proposed document will also prohibit the practice of triple talaq, a controversial procedure where a Muslim man can divorce his wife by pronouncing the word "talaq" three times.

Additionally, the nikahnama will address the practice of halala, where a divorced woman marries another man and then divorces him again to remarry her former husband, which the UCC prohibits and could result in criminal action. The Board aims to inform women of their rights and provide a toll-free number for reporting issues. Another provision in the revised nikahnama deals with iddat, the mourning period for a woman after her husband's death, which the draft suggests could be determined by the woman herself rather than adhering strictly to the traditional timeline of four months and 10 days.

The Board also plans to require qazis, or religious officials who perform nikahs, to carry identification issued by the Board, ensuring they are adults, have proper identification, and that the woman involved is at least 18 years old. The draft is currently under preparation, and the Board has consulted various stakeholders, including UCC draft committee members, religious leaders, and legal experts, to ensure a balanced approach that respects the community's perspectives while promoting necessary reforms.