Uttarakhand Waqf Board Drafts New Nikahnama to Align Muslim Marriages with UCC

More than a year and a half after Uttarakhand implemented the Uniform Civil Code (UCC), the State Waqf Board has prepared a revised format for the nikahnama, the Islamic marriage contract, to bring Muslim marriage registrations in line with the new law. Waqf Board chairman Shadab Shams confirmed the development, stating that the changes aim to prevent legal complications arising from practices now prohibited under the UCC.

The UCC, which came into force in Uttarakhand on January 27, 2025, bans polygamy, instant triple talaq, and the practice of halala. In accordance with these provisions, the proposed nikahnama will no longer contain columns for second, third, or fourth marriages. Only one marriage will be permitted, and any attempt to record additional marriages will be rejected. The revised document will also explicitly bar triple talaq and halala.

Speaking to The Hindu, Mr. Shams said the new registration process will also disallow conversions carried out solely for the purpose of marriage. Interfaith couples, he explained, will now be required to register their unions under the Special Marriage Act instead. This provision aligns with the UCC's objective of ensuring uniform legal treatment for all citizens, irrespective of religion.

The proposed nikahnama includes an affidavit clause requiring both parties to provide complete and accurate personal details. Mr. Shams warned that anyone submitting false information would face legal action. This measure is intended to prevent fraudulent registrations and ensure transparency in marital records.

Another significant change involves the role of clerics. Under the proposed system, only clerics authorised by mosque management committees will be permitted to solemnise nikah ceremonies. These clerics will receive special appointment numbers to verify their authenticity. This move seeks to establish accountability and prevent unauthorised individuals from conducting marriages outside the legal framework.

The Waqf Board oversees all mosques, madrasas, and associated properties in Uttarakhand. Through its management committees, the board appoints qazis who traditionally solemnise Muslim marriages. By revising the nikahnama format and regulating the appointment of clerics, the board aims to streamline the marriage registration process under the UCC while ensuring community awareness.

Parag Madhukar Dhakate, Minority Welfare Special Secretary, said the Waqf Board has forwarded the proposal to the ministry for review. “It is under consideration, and a meeting for the same is proposed on September 9,” he stated. Once approved, the format will be circulated among all mosques and madrasas in the state.

The UCC was a key electoral promise of the Bharatiya Janata Party (BJP) in Uttarakhand, and the state assembly passed the code in February 2024. It was then signed into law and became effective on January 27, 2025. The code seeks to replace religion-specific personal laws that govern marriage, divorce, inheritance, and adoption with a uniform set of rules applicable to all communities.

For Muslim couples in Uttarakhand, the revised nikahnama represents a significant shift from long-established religious customs. The Waqf Board's initiative is seen as a proactive step to reconcile community practices with statutory law, reducing the risk of disputes and legal challenges. However, some community members have expressed concerns over the erosion of Islamic personal law, a matter that has been debated across the country. The board maintains that the changes are designed to protect individuals from legal consequences and to bring clarity to marriage procedures.

As the proposal awaits government review, its final form could serve as a template for other states considering UCC implementation. The balance between religious tradition and uniform civil law remains a sensitive issue in India's constitutional framework, and developments in Uttarakhand will be closely watched by both lawmakers and religious groups nationwide.