Polygamy and Nikah halala to be listed soon for hearing in SC after Centre files reply

nikah halala

The Hush Post: Supreme Court will soon hear petitions challenging polygamy and nikah halala. Petitions which challenges polygamy among Muslims will be listed for hearing before a Constitution bench after the Centre files a reply to the Supreme Court.

The apex court has also agreed to consider listing of petitions challenging the practices of polygamy and nikah halala.

Appearing for a Muslim woman petitioner, Shamima Begum, the counsel, told the SC that she was threatened by her parents-in-law to withdraw the plea or bear the consequences of being thrown out of marriage.
After successfully getting instant triple talaq declared unconstitutional in 2017, the Centre, it seems, is all set to argue for the petitions filed in the SC to declare both “nikah halala” and polygamy beyond the ambits of law.

‘Nikah halala’ forbids a divorced couple from marrying again, after the pronouncement of third divorce, until the woman marries someone else, consummates the new marriage and then gets widowed or divorced.

This practice has been defended by the clergy but slammed by women activists who have called it retrograde and anti-women and filed a petition in the SC to ban it.

The SC also directed the Centre to respond to the plea seeking to declare the provisions of Muslim Personal Law (Sharia) which validates the practice of polygamy and ‘nikah halala’ as unconstitutional.

The Centre’s plan comes even as Bharatiya Muslim Mahila Andolan (BMMA), a voluntary organisation which successfully petitioned the SC against instant talaq, has decided to join the petitioners who are seeking an end to ‘nikah halala’ and polygamy.

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