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DAILY NEWS ANALYSIS

  • 24 September, 2022

  • 7 Min Read

Nikah Halala

Nikah Halala

A recent Public Interest Litigation (PIL) was filed to have polygamy and halal marriage declared invalid.

Details about the news

The PIL:

  • The PIL aimed to have Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, declared invalid and in violation of the Constitution's Articles 14, 15, 21, and 25.
  • The claimant asked the court to make sure that all Indian nationals are subject to the requirements of the Indian Penal Code, 1860.
  • She claimed that under IPC Section 375, nikah halala constitutes rape.

What is Nikah Halala?

  • The nikah halala law states that in order to reconcile with her first spouse, a woman must wed and have sex with another man.
  • In Islam, the word "halala" refers to something that is permissible and so "lawful" and has its roots in the word "halal."
  • Therefore, in the context of marriage, it denotes that following the completion of nikah halala, a divorced lady might once more be considered "halal" (legal) for her husband.

The steps are:

  • Islam forbids a Muslim man from divorcing and remarrying the same lady twice.
  • The same woman can only be remarried to the same man if she first weds another man, consummates the union, and only if the second husband passes away or voluntarily requests a divorce if he decides to end the marriage for the third time.
  • Typically, quick triple talaq is where nikah halala begins and ends.
  • Halala, as it is described in the Koran, gives women the freedom to make their own decisions.
  • It protects women against volatile husbands who annul their divorce after an outburst, then file for divorce once more, starting a never-ending cycle of marriage and divorce.

Global scenario:

  • No halala cases have been reported in Saudi Arabia, where divorce rates are rising.
  • Yemen, Kuwait, and the United Arab Emirates have also not reported any cases.

Nikah Halala and Indian Law:

  • The Muslim Women's Protection of Rights on Marriage Act in India, which was passed after the Supreme Court struck down triple talaq, makes no mention of nikah halala.
  • The Act criminalised quick triple talaq, but it avoided halala, which occurs as a result of triple talaq.

Issues:

  • Nikwah Halala has been abused and twisted in contemporary India.
  • Rape: There have been incidents of keens using the name Halala to rape women.
  • Websites that facilitate halal marriage: In the middle of this, a number of websites and social media pages have appeared that assist women who have been divorced by their first spouses in arranging halal marriages.

Extortion and blackmail

  • Many of the women who use these services are either victimised or subjected to blackmail.
  • Large payments are demanded of many.

About Triple Talaq

  • The Arabic word for divorce, talaq, was said three times by a Muslim man to formally divorce his wife. This practice was known as triple talaq.
  • The announcement may be made orally, in writing, electronically—via phone, SMS, email, or social media—in recent years, or all three.
  • The husband did not have to give a reason for the divorce, and she did not need to be present when it was announced.
  • The divorce became final after a time of iddat, during which it was determined whether the wife was pregnant.
  • Prior to each proclamation of talaq, in the prescribed practice, a waiting period was necessary, during which reconciliation was sought.
  • However, it's now customary to make all three declarations at once.
  • Although the practice was despised, it was not against the law.
  • If a divorced woman wanted to remarry her ex-husband, she had to wed another man first, a procedure known as nikah halala.
  • Position in the Quran: The Quran makes no reference to triple talaq. Muslim legal scholars also mainly disapprove of it.
  • Scenario: Pakistan and Bangladesh are among the several Islamic countries that have outlawed the practice.

Authenticity in India:

  • Triple talaq is no longer permitted in India thanks to the Muslim Women (Protection of Rights on Marriage) Act of 2019.
  • It states that instant triple talaq (talaq-e-biddat) in any format—spoken, written, or via electronic channels like email or SMS—is prohibited and void, and the husband might spend up to three years in prison.
  • A woman who feels wronged by a man has the right to request support for her dependent children under the new rule.

Way Forward

  • Religious rules have frequently been unbalanced in patriarchal civilizations, favouring men.
  • Triple talaq and nikah halala are two outdated laws that Muslim women must abide with since they are crippling.
  • Such laws need to have their legitimacy contested and then repealed.

Source: The Hindu


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