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

From inheritance to halala: Uttarakhand Waqf Board's bid to recast the nikahnama The move comes around one-and-a-half years after the UCC was introduced in Uttarakhand.

Key points

• 4 min read Dehradun Updated: Sep 6, 2026 04: 46 AM IST.
• An Award-winning journalist covering the state of Uttarakhand, Vidheesha Kuntamalla has documented on education, policy and social justice.
• The Board is additionally seeking a common approach throughout Shia and Sunni groups and different schools of thought.
• The Board proposes IDs for all qazis conducting nikahs, with only those carrying Board-issued identification allowed to solemnise marriages.
• As well as Muslim lawyers and legal experts, the Board will next consult Muslim ulema and religious leaders.

In practice, the Board chairman remarked 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. (Photo Credits: ANI/Enhanced using AI).

In practice, 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 remarked.

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 remarked the provision would state that a daughter would remain an equal stakeholder in her father's property after marriage.

Meanwhile, the move comes around one-and-a-half years after the UCC was introduced in Uttarakhand. Shams remarked 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.

Notably, the proposed nikahnama will additionally state that a Muslim woman cannot be given triple talaq.

Another provision will accord with halala. It shams referred to in the context of cases where women are allegedly forced into the practice. 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, it is a practice in which a woman.

For context, the UCC does not allow a woman to be forcibly created to undergo halala and states that those involved could face criminal action. The Board intends to put this message in the nikahnama so that women are aware of their rights, Shams stated, adding that it additionally aims to include a toll-free number where women can report challenges.

Meanwhile, the proposed document will additionally 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. UCC a constitutional ambition, no link to religion: Supreme Court.

In practice, the Board additionally aims to address cases involving religious conversion for marriage. Shams remarked 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 remarked, the couple should apply the Special Marriage Act through the court.

Notably, the Board proposes IDs for all qazis conducting nikahs, with only those carrying Board-issued identification allowed to solemnise marriages. Shams remarked the process would additionally 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 additionally 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 remarked it would additionally support protect qazis from being pressured into conducting marriages.

In practice, the draft is still under preparation. As well as Uttarakhand Minority Welfare Minister Khajan Das, 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 Muslim lawyers and legal experts, the Board will next consult Muslim ulema and religious leaders.

Shams remarked the aim was not to create a clash with anyone but to produce the Muslim community aware of the law and bring regarding reforms while taking the community along. The Board is additionally seeking a common approach throughout Shia and Sunni groups and different schools of thought.

Notably, 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. © The Indian Express Pvt Ltd.

Meanwhile, an Award-winning journalist covering the state of Uttarakhand, Vidheesha Kuntamalla has documented on education, policy and social justice. She has broken news and written investigative stories on education, some of which have prompted responses from central universities and administration authorities. She uses the Right to Information Act as a reporting tool and enjoys telling people-driven stories through long-form journalism. Vidheesha joined The Indian Express's Delhi City team in 2023, where she has been part of the education coverage in the newsroom, reporting on policy, institutions, and problems affecting students and communities. Her journalism career began in 2020 as a freelance journalist after she left a career in civil engineering. She covered her home states of Telangana and Andhra Pradesh, focusing on gender, social justice, and politics. Vidheesha Kuntamalla Qualification, Degrees: Master of Science in Quantity Surveying from Kingston University, London Awards and Recognition: Vidheesha won the Ramnath Goenka Excellence in Journalism Award in 2024 for her long-form story on India's first case of passive euthanasia.

In short, from inheritance to halala: Uttarakhand Waqf Board's bid to recast the nikahnama is the central thread here, and readers can expect follow-up reporting as the picture becomes clearer.