The Supreme Court said recently that it will set up a five-judge Constitution Bench to hear pleas challenging the constitutional validity of polygamy and nikah halala practice among Muslims.

 

About ‘Nikah Halala’

  • The term “Nikah” and “Halala” both are Arabic terms.
  • “Nikah” means Marriage and “Halala” means to make something halal or permissible.
  • The expression “Nikah Halala” literally means a marriage to make something halal or permissible.
  • As per Muslim Law, a man cannot remarry his wife after he divorced her, unless the wife is married to another man and gets divorced from that man (second husband) or after the death of the second husband.
  • Thus, the process of making the woman permissible for her first husband by giving her marriage to a third person with a pre-condition is known as Nikah Halala also known as Tahleel marriage.
  • In this process, the third person consummates the marriage with the object to make the woman permissible for her first husband.

 

Does the Quran permit this?

There is no sanction in the holy Quran for such marriages.

 

Legality of Nikah halala in India

  • The Muslim Women (Protection of Rights on Marriage) Act, 2019 passed after the invalidation of triple talaq by the Supreme Court, is silent on nikah halala.
  • The Act made instant triple talaq a criminal offence but steered clear of halala which takes place as a consequence of triple talaq.