SC Agrees to Hear Polygamy and Nikaah Halala Petitions

Triple Talaq has given way to petitions on other patriarchal customs of Islam an opportunity of hearing in the Supreme Court. On Monday, the five-member bench has agreed to hear other issues related to Muslim women, like, Nikaah Halala and Polygamy.

Nikaah Halala is when a divorced Muslim couple decides to get back together. So the woman in the relationship first has to marry another person, consummate the marriage, get a divorce from him and then only she can get back to her husband.

"It may not be possible to deal with all the three issues in the limited time we have. We will keep them pending for future," a five-judge Constitution bench headed by Chief Justice J S Khehar said, reported Zee News.

A two-member bench had informed the constitutional bench about the three issues of Muslims including Triple Talaq. And Attorney General (AG) Mukul Rohatgi, appearing for the Centre claimed that polygamy and Nikaah Halala were part of the three issues when SC came to this agreement.

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"The scope of referring had all the three issues that was divorce, nikah halala, polygamy. All these three issues are before this court by virtue of the reference order of the two- judge bench," Rohatgi said.

The Centre has established its position on all the issues and SC took cognizance of it. While earlier, it had clearly said that it will only look at Triple Talaq and if it is fundamental to Islam.

SC had earlier been quoted saying that Triple Talaq is the "worst and undesirable form" of ending a marriage. The apex court started hearing pleas on Friday. The petitions challenged the constitutional validity of Triple Talaq and 'Nikah Halala' among Muslims. And it had stated that different schools of jurisprudence considered Triple Talaq legal.

Advocating against Triple Talaq, Ram Jethmalani, who was there on Saturday as a lawyer for the Forum for Awareness of National Security while the bench was hearing two Muslim women’s pleas, called the practice “abhorrent” and the religion against the factor that it does not give Muslim women equal rights.

Salman Khurshid is assisting the bench, being of the same religion as the one whose issues are being heard in the court. He told the bench that it does not require judicial scrutiny as women of Islam do have an option of saying ‘no’ to the practice by including their choice in their Nikaahnama.

The constitutional bench headed by Kehar comprises of Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S Abdul Nazeer. It is looking at the aspects of Triple Talaq and if it is a fundamental custom of Islam. The centre has already laid its stance that it is an injustice towards Muslim women’s rights and the people fighting against it declare that it is not a part of Islam.

Picture credit- Maps of India

More Stories by Poorvi Gupta

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