The Uttarakhand government and the state Waqf Board are considering changes to the nikahnama, the Islamic marriage contract, to align it with the state’s Uniform Civil Code (UCC). The proposed framework could include registering qazis and clerics who solemnise marriages, recording witnesses’ details and strengthening marriage documentation.
Uttarakhand became the first state in India to implement the UCC, which was passed on February 7, 2024, and came into force in January 2025. With Assembly elections approaching, the proposed changes could bring renewed attention to the law’s impact on Muslim religious practices, marriage procedures and women’s rights.
The Waqf Board is examining how to record the identities of those conducting nikah, collect relevant information during ceremonies and organise marriage records. However, the final format, legal provisions and implementation process have yet to be announced.
Proposed Rules for Qazis and Witnesses
Minority Welfare Minister Khajan Das said the government wanted to make the nikahnama “more robust” and was considering registering clerics who solemnise marriages. He said the changes could help prevent difficulties during the marriage process and make records more reliable. Further details may emerge within two to three months.
Waqf Board chairman Shadab Shams said people in Uttarakhand were gradually adapting to the UCC and that marriage-related procedures needed to be aligned with its provisions.
The proposed system could assign a unique identification number to each registered qazi or maulvi. It may also require the recording of witnesses’ addresses and Aadhaar details. Officials say the measures could help reduce fraud and simplify the process of obtaining marriage certificates.
It remains unclear whether the proposed registration and documentation requirements will be mandatory or how they will interact with existing religious practices.
UCC, Divorce and Women’s Rights
Shams said the UCC did not permit a person to have more than one spouse and that marriage and divorce procedures would have to follow the law.
He also referred to the ban on instant triple talaq and discussed issues such as halala and iddat. Shams said helplines would be announced for women reporting physical or mental abuse.
“No woman should be forced to observe iddat,” he said.
The proposed framework’s precise legal provisions concerning these practices, including how they would be implemented, have not yet been made public.
Waqf Board lawyer S.C. Virmani said the board was acting as a link between the government and the community. “The purpose is not to oppose any community or individual, but to address social problems and improve the process connected with nikah,” he said.
Scholars Stress Need to Consider Existing Records
Islamic scholar and journalist Mohammad Shahnazar said mosques already maintain nikah registers containing details such as the names and ages of the bride and groom, their parents’ information, witnesses’ signatures and the identity of the officiating cleric.
He said a government-backed system recognising qazis could be useful, provided it took existing records, legal requirements and practical difficulties into account.
Shahnazar said the authorities should consider how current marriage documents could be incorporated into the proposed system rather than overlooking established practices.
Shalini Ali, national convener of the RSS-affiliated Muslim Rashtriya Manch, welcomed the initiative, saying a revised nikahnama could help women understand their rights and specify conditions before marriage. She said women should be able to review proposed terms, suggest changes and give their consent.
Avikal Thapliyal, an analyst on Uttarakhand affairs, said the proposal went beyond a change in the marriage form because it involved legal rights, religious customs and the implementation of the UCC.
