Centre targets nikah halala and polygamy after triple talaq
New Delhi: The Centre is all set to urge in the Supreme Court against the practices of polygamy and nikaah halala when the matter comes up next in the SC, which earlier this year agreed to hear the petitions.
Nikah halala makes it mandatory for a divorced Muslim woman to marry another man. This practice forbids a divorced couple from remarrying until the woman marries someone else, consummates her new marriage and gets divorced or widowed. While defended by the clergy, the practice has been slammed by women’s activists who have called it retrograde and anti-women and have petitioned the SC to get it banned.
Among other things, the PIL challenges the legal validity of two other such temporary marriages — nikaah mutah and nikaah misyar — contracted among Muslims as ‘patriarchal’ and ‘regressive’.
Having agreed to hear the petitions on the matter, the SC earlier issued notice to the Centre and the law ministry. The SC also directed the Centre to respond to the plea seeking to declare the provisions of Muslim Personal Law (Shariat) which validate the practice of polygamy and nikah halala as unconstitutional. The Centre is gearing up to put forth its stand by backing the petitions challenging the two practices, sources said.
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.