The Uttarakhand Waqf Board is preparing a revised nikahnama to align with the provisions of the Uniform Civil Code (UCC), with a key proposal that daughters should have an equal share in their father’s property even after marriage, Board chairman Shadab Shams said.

Contrary to Sharia law, under which a daughter is legally entitled to a fixed share of her parent’s inheritance — generally half of a son’s share when they inherit together — Shams said the provision would state that a daughter would remain an equal stakeholder in her father’s property after marriage.

The move comes around one-and-a-half years after the UCC was introduced in Uttarakhand. Shams said the existing nikahnama contains columns for first, second and third marriages, and the revised document would remove the need for such columns since, under the UCC, a Muslim man cannot have more than one marriage.

Triple talaq, halala and iddat

The proposed nikahnama will also state that a Muslim woman cannot be given triple talaq.

Another provision will deal with halala, which Shams referred to in the context of cases where women are allegedly forced into the practice. It is a practice in which a woman, after receiving an irrevocable final divorce from her husband, marries another man, consummates that marriage, and then divorces or is widowed, allowing her to remarry her former husband.

The UCC does not allow a woman to be forcibly made to undergo halala and states that those involved could face criminal action. The Board plans to put this message in the nikahnama so that women are aware of their rights, Shams said, adding that it also plans to include a toll-free number where women can report problems.

The proposed document will also address iddat, the period of mourning observed by a Muslim woman after her husband’s death. The traditional period after a husband’s death is four months and 10 days, but the proposed provision would state that a woman should be free to decide how long she wants to observe it.

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The Board also plans to address cases involving religious conversion for marriage. Shams said a woman from another religion should not be married through conversion for the purpose of conducting a nikah. If she wants to marry someone from another religion, he said, the couple should use the Special Marriage Act through the court.

The Board proposes IDs for all qazis conducting nikahs, with only those carrying Board-issued identification allowed to solemnise marriages. Shams said the process would also require the couple to be adults, with proper identity documents, the woman at least 18 and the man at least 21. Witnesses from both sides would also be required to have Aadhaar cards.

This system, it is learnt, was intended to prevent disputes and police cases arising from unauthorised marriages and allegations of forced conversion. He said it would also help protect qazis from being pressured into conducting marriages.

Holding consultations

The draft is still under preparation. The Board had held discussions with UCC draft committee members, former Uttarakhand chief secretary Shatrughan Singh, Doon University Vice-Chancellor Surekha Dangwal and social activist Manu Gaur Singh, as well as Uttarakhand Minority Welfare Minister Khajan Das. The Board will next consult Muslim ulema and religious leaders, as well as Muslim lawyers and legal experts.

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Shams said the aim was not to create a clash with anyone but to make the Muslim community aware of the law and bring about reforms while taking the community along. The Board is also seeking a common approach across Shia and Sunni groups and different schools of thought.

A Board proposal for the revised nikahnama had already been passed by the Uttarakhand Waqf Board earlier this year, and another discussion was scheduled for September 9 before the document is finalised.