The soon-to-be-introduced draft is expected to curb instances of religious conversion solely for the purpose of marriage, Chairman of the Uttarakhand Waqf Board, Shadab Shams, told PTI.
He said the new contract aims to fix accountability for all parties involved to prevent any form of injustice and if one of the partners belongs to a different faith, the marriage could be solemnised under the Special Marriage Act without pressuring the individual to convert.
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Shams explained that ‘maulanas’ would be assigned a unique identification number (UID) through the management committees of mosques, madrasas and other religious institutions under the Waqf Board. Only such authorised persons would be permitted to conduct the marriage ceremony.
“This will yield two benefits: first, the identity of the ‘qazi’ solemnising the nikah (marriage) will be known; and second, it will help curb alleged ‘love jihad’ cases where individuals from other faiths such as Hindu or Sikh undergo religious conversion and name changes to get married,” he said.
The state Waqf Board chief said the new draft is nearly complete and a meeting has been convened for September 9 to discuss it.In addition to Waqf Board members, the meeting will be attended by the state’s Minority Welfare Minister Khajan Das, Special Secretary of the Minority Welfare Department Parag Madhukar Dhakate, and three members of the UCC drafting committee.
He said that the consent of ‘Ulema’ (Muslim religious scholars) would also be sought regarding the draft. He added that the document would be issued only after consultations at all levels and a thorough legal review to ensure there are no challenges during its implementation.
Shams said that a proposal to draft a new nikahnama (marriage contract) in accordance with the UCC law was passed during a Waqf Board meeting four months ago. The UCC came into effect in the state on January 25, 2025.
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He said the measure would not only reduce the number of court cases but also help maintain social harmony.
Shams said the new ‘nikahnama’ would mandate the submission of Aadhaar cards not only for the bride and groom but also for their representatives and the witnesses present at the ceremony.
Furthermore, Shams explained that, in line with the UCC, the columns for second, third and fourth marriages would be removed from the new ‘nikahnama’ as polygamy is banned under the code.
Additionally, citing the national and state-level ban on Talaq-e-Biddat (instant triple talaq) and the associated penal provisions, he stated that the new contract would only provide for Talaq-e-Ahsan and Talaq-e-Hasan-forms of divorce that allow for reconciliation efforts over a period of at least three months to try and save the marriage.
The Waqf Board chairman explained that the new ‘nikahnama’ would also raise awareness among women regarding regressive practices like ‘Halala’, saying that such a practice has no place in Islam.
If anyone coerces them into it, they can seek assistance from the Waqf Board and government agencies, Shams said.
He further mentioned that the practice of ‘Iddat’-requiring a widow to observe a period of seclusion (‘purdah’) for four months and ten days following her husband’s death-has been waived. However, he clarified that any woman wishing to observe ‘Iddat’ of her own volition remains free to do so.
“This is a major reform, and its implementation will bring about a significant transformation within the Muslim community. It is also through this measure that the UCC can truly be implemented on the ground,” Shams added.
