SC Takes Up Issues Of Nikah Halala, Polygamy

After banning triple talaq, the Supreme Court will now look at other traditional practices of Muslims such as polygamy and nikah halala.

A bench, comprising Justices A M Khanwilkar and D Y Chandrachud, and headed by CJI Deepak Mishra viewed that the constitution bench of five-judges that outlawed Triple Talaq had kept open the issue of polygamy and 'nikah halala'.

The SC bench on Monday decided to constitute a fresh five-member bench to assess the constitutionality of 'nikah halala' and polygamy, reported Business Standard

In the triple talaq matter, three judges out of five ruled its unconstitutionality and the bench passed the judgement that banned the Islamic ritual last year. It also asked the central government to formulate a bill within six months that would decree the punishment for its offenders. However, the Triple Talaq Bill -- presented by Union Law Minister Ravi Shankar Prasad in parliament -- has met with varying reactions from the Muslim community. The community stands against criminalising the act and wants to involve its women in the planning process.

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The bench was hearing at least three petitions challenging the practices on various grounds including the fact that they violate Right to Equality and gender justice.

In the current contention, polygamy allows Muslim men to marry more than once and up to four times. This leads to a man having four wives but it does not allow the wife to marry more than once and have more husbands.

While in nikah halala, in a situation of a divorce and then reconciliation of the same couple, the woman in the union will have to marry another man, consummate the wedding and then divorce him in order to go back to her own husband.

Picture credit- Live Mint

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