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Islamic Custom ‘Nikah Halala’ Practices Sexual and Financial Exploitation of Women

Nikah Halala is the practice imposed on the woman of marrying another man for a night

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Nikah Halala
Muslim Women are exploited through Islamic custom called Nikah Halala. Wikimedia
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  • Another Islamic custom called Nikah Halala has come under criticism in the media
  • The custom is said to practice financial and sexual exploitation of women
  • Through Nikah Halala, a woman can remarry her ex-husband after marrying another man and spending a night with him 

August 20, 2017: At a time when the customary practices of Islam are questioned worldwide and triple talaq is a contentious issue in the country, another Islamic custom, called Nikah Halala, has made it to the spotlights from the media.

It was a sting operation done by India Today that revealed to the country this shocking practice in the Islamic world. Divorced women are taken advantage of in return for Nikah Halala, the tradition which lets a woman remarry her husband.

Also Read: Christianity and Islam don’t have room for a discourse. Hindus must Stop Pleasing their former Christian or Muslim masters, says Maria Wirth

The Islamic scholars and maulanas extort money from the divorced women.

It should be noted that Nikah Halala does not feature anywhere in the Shariah or the Quran. These are constructions of religious leaders to benefit themselves by fooling innocent people.

This is what the Maulanas preach as Nikah Halala.

In order for a divorced woman to marry her ex-husband again, she has to marry another man, spend one night with him, then divorce him the next day. This will “allow” the divorced woman to remarry.

Nikah Halala, hence, is the practice imposed on the woman of marrying another man for a night. Why this practice is absolutely derogatory and absurd is thus obvious. This idea coming from the religious scholars and maulanas who have all the power to influence people in masses is dangerous to the well-being of the Islamic community.

These maualans have distorted what Islam says about divorce. The period of Iddah which is the phase of man and woman living separately before the divorce has been preached differently to exploit women sexually and financially.

Over time, the marriage in the Nikah Halala has been skipped and only one night stands are made permissible to get a quick acceptance for remarriage.

The maulanas have very cunningly taken advantage of women who would do and believe anything to save their marriage from havoc. The Muslim woman makes the choice of spending a night with a total stranger than inviting criticism and remarks on her family from her neighbours and community.

Muslim women also rank low on literacy rate and hence it is usually a terrible thought for them to leave their husbands and survive alone.

But with the Sting Operation showing that such practices have taken place, it is now time for the government to act. Solid actions need to be adopted by the government to save the girls of the country from these monsters operating in the name of religion.

– Prepared by Saksham Narula of NewsGram. Twitter: @Saksham2394


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For Plea Against Polygamy Supreme Court Takes Centre’s Response

personal laws must meet the test of constitutional validity and constitutional morality

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The Supreme Court on Wednesday sought a response from the Centre on a fresh plea that challenged the constitutional validity of the practice of polygamy and ‘nikah halala’ among Muslims in India.
The Supreme Court on Wednesday sought a response from the Centre on a fresh plea that challenged the constitutional validity of the practice of polygamy and ‘nikah halala’ among Muslims in India. Flickr

The Supreme Court on Wednesday sought a response from the Centre on a fresh plea that challenged the constitutional validity of the practice of polygamy and ‘nikah halala’ among Muslims in India.

A bench of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud issued the notice to the Centre and tagged the plea with similar petitions pending before it.

The fresh plea filed by Women Resistance Committee Chairperson Nazia Ilahi Khan, a practicing advocate at the Calcutta High Court, has challenged the practice of polygamy, ‘nikah halala’, ‘nikah mutah’ (temporary marriage among Shias) and ‘nikah misyar’ (short-term marriage among Sunnis) on the grounds that these were violative of the Constitution’s Articles 14, 15 and 21.

Under ‘nikah halala’, if a Muslim woman after divorce by her husband three times on different instances, wants to go back to him, she has to marry another person and then divorce the second husband to get re-married to her first husband.

“Declare the dissolution of the Muslim Marriages Act, 1939 unconstitutional and violative of Articles 14, 15, 21 and 25 of the Constitution in so far as it fails to secure for the Indian Muslim women the protection from bigamy which has been statutorily secured for Indian women from other religions,” said her plea filed through advocate V.K. Biju.

The apex court has been hearing pleas filed by Sameena Begum, Nafisa Khan, Moullium Mohsin and BJP leader and advocate Ashwini Kumar Upadhyay on the issue.

Article 14 guarantees equality before law, Article 15 prohibits discrimination on the grounds of religion, race, caste, sex or place of birth and Article 21 guarantees protection of life and personal liberty.

Telling the court that though different religious communities are governed by different personal laws, Upadhyay had contended that “personal laws must meet the test of constitutional validity and constitutional morality in as much as they cannot be violative of Articles 14, 15, and 21”.

Pointing to the “appalling” affect of polygamy and other such practices on the Muslim women, senior counsel Mohan Parasaran had earlier told the apex court that the 2017 judgment holding instant ‘triple talaq’ as unconstitutional had left these two issues open and did not address them.

Polygamy, Man along with his 5 wives
Polygamy, Man along with his 5 wives. Flickr

A five-judge Constitution Bench headed by then Chief Justice J.S. Khehar (since retired), by a majority judgment in 2017, had said: “Keeping in view the factual aspect in the present case, as also the complicated questions that arise for consideration in this case (and, in the other connected cases), at the very outset, it was decided to limit the instant consideration to ‘talaq-e-biddat’ or triple talaq.

Also read: Goa Common Civil Code forbids neither Oral Divorce nor Polygamy among Muslims: Governor

“Other questions raised in the connected writ petitions, such as polygamy and ‘nikah halala’ (and other allied matters), would be dealt with separately. The determination of the present controversy may, however, coincidentally render an answer even to the connected issues.” (IANS)