nikah halala

The All India Muslim Personal Law Board (AIMPLB) is against the outlawing of nikah halala, though it feels that its use should be discouraged and restricted to the "rarest of rare situations".

The All India Muslim Personal Law Board (AIMPLB) on Monday moved the Supreme Court seeking impleadment in petitions challenging constitutional validity of polygamy and 'nikah halala' practised among Muslims.

The Supreme Court on Monday said it will examine the legal validity of polygamy and nikah-halala in addition to the ongoing deliberation on triple talaq. A five-judge constitution bench said its decision on triple talaq may also have bearing on the validity of polygamy and nikah halala.

"He said he will kill me, pack my body in a sack and dump it in a drain," Farzana alleged.The petitioner who hails from Sikandrabad has forwarded her complaint to the law enforcement authorities.

A bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud asked petitioner Zikra,21-year old resident in UP, a victim of Nikah-halala, to file an application to intervene as a party in a batch of pleas challenging the practice of polygamy and 'nikah halala' among Muslims.

While polygamy allows a Muslim man to have four wives, 'nikah halala' deals with the process in which a Muslim woman, who wants to re-marry her husband after divorce, has to first marry another person and get a divorce from the second person after the consummation.

The petition further sought a declaration that extra-judicial talaq is a cruelty under Section 498A of the IPC, nikah halala is an offence under Section 375 of the IPC, and polygamy is an offence under Section 494 of the IPC, 1860.

The government believes that the practice is against the principles of gender justice and had made its stand clear in the apex court on the issue, the functionary said.

The fresh plea assumes significance as the apex court, on March 26, has already referred to a five-judge constitution bench a batch of petitions challenging the constitutional validity of polygamy and 'nikah halala' among the Muslims.

After moving to criminalise instant triple talaq, the Centre is all set to throw its weight behind a clutch of petitions filed in the Supreme Court to declare “nikah halala” and polygamy “unconstitutional”.

The Supreme Court on Monday said it will hear after the winter break the pleas challenging practices of polygamy and 'nikah halala' among Muslims.The issue was mentioned before a bench comprising CJI Bobde and justices B R Gavai and Surya Kant which said the matter will be listed on reopening of the apex court after winter break in January 2019.

In a landmark verdict, the SC had on August 22 last year banned the 1,400 year-old practice of instant 'triple talaq' among Sunni Muslims and set it aside on several grounds including that it was against the basic tenets of the Quran and violated the Islamic law.

After successfully getting instant triple talaq declared unconstitutional last year, the Centre is all set to throw its weight behind petitions filed in the SC to declare both "nikah halala" and polygamy "unconstitutional".

The Supreme Court has directed the Centre to respond to a plea seeking to declare the provisions of Muslim Personal Law (Shariat) validating the practice of polygamy and 'nikah halala' as unconstitutional.

Soon after the Supreme Court decided on Monday to examine the validity of Muslim practices, like nikah halala, Deoband-based ulemas have termed it a “deliberate attempt to defame Islam and a sinister campaign to interfere in Shariat”

The Muslim women associated with Muslim Mahila Foundation in Varanasi have come forward in support of Nida Khan and Supreme Court lawyer Farah Faiz on the issue of triple talaq and practice of nikah halala. Demanding a ban on All India Muslim Personal Law Board (AIMPLB), the MMF wrote a letter to the President Ram Nath Kovind.

Under nikah-halala, a man cannot remarry his former wife unless she marries another man, consummates the marriage, gets a divorce and observes a period of separation period called 'iddat'.

The Supreme Court on Wednesday allowed former Union minister Salman Khurshid to assist it as an amicus curiae in hearing of a batch of pleas challenging constitutional validity of 'triple talaq', 'nikah halala' and polygamy among Muslims.

The chairperson of Delhi Commission for Women (DCW), Swati Maliwal, has written to Prime Minister Narendra Modi demanding laws against nikah halala and polygamy. While congratulating the PM on the initiatives taken by the Centre to criminalise triple talaq, she claimed that it would address only one part of the issue.

The Supreme Court decided today that a five-judge constitution bench will rule on the constitutional validity of the practice of triple talaq , 'nikah halala' and polygamy among Muslims. The hearing will begin May 11.