POLYGAMY AND NIKAH HALALA
Context: The Supreme Court said that it would constitute a five-judge Constitution Bench to hear arguments challenging the constitutionality of polygamy and nikah halala among Muslims.
Details
- A Public Interest Lawsuit (PIL) was filed and the petitioner argued that Section 494 of the Indian Criminal Code should be repealed because it permits polygamy, halala, and other practices.
- While polygamy permits a Muslim man to have four wives, nikah halala deals with the process by which a Muslim woman who wants to remarry her husband after divorce must first marry another person and obtain a divorce from him.
Present Indian Law on Nikah Halala
- After the Supreme Court struck down triple talaq, India's Muslim Women's Protection of Rights on Marriage Act was passed, however, it makes no mention of nikah halala.
- The Act criminalized instant triple talaq, but it avoided halala, which occurs as a result of triple talaq.
Triple Talaq
https://www.iasgyan.in/daily-current-affairs/triple-talaq-48
Talaq-e-hasan
https://www.iasgyan.in/daily-current-affairs/talaq-e-hasan
PRACTICE QUESTION Q. Do you agree that the parliament's decision to criminalize triple talaq represents a win for gender justice and will promote equality in society? Discuss |
https://epaper.thehindu.com/ccidist-ws/th/th_delhi/issues/29780/OPS/GKHB1BBDI.1+G01B1C34A.1.html