Supreme Court to examine constitutional validity of polygamy, 'nikah halala' among Muslims

[Soumitra]

Supreme Court to examine constitutional validity of polygamy, 'nikah halala' among Muslims

NEW DELHI: Seven months after declaring instant triple talaq unconstitutional, the Supreme Court (SC) today agreed to examine the constitutional validity of polygamy and 'nikah halala' in the Muslim community.

The SC noted that the five-judge bench which examined instant triple talaq - and pronounced their order in August last year - had kept open the issues of polygamy and 'nikah halala'.

The SC today issued notices to the Centre and the Law Commission asking them to make their stand clear on a batch of petitions asking the two practices be abolished. Polygamy is the practice of being married to more than one woman. Nikah-halala is a practice intended to curb divorce. Under it, a man cannot remarry his former wife without her having her go through the process of marrying someone else, consummating that marriage, getting divorced and observing a separation period called Iddat.

One petitioner, a Hyderabad-based lawyer, has contended that while Muslim law allows a man to have multiple wives by way of the temporary marriages orpolygamy, the same permission is not extended to women and therefore the law violates the fundamental rights of Muslim women.

Another petition, filed by a Delhi-based woman, has said that by virtue of the Muslim Personal Law, section 494 of IPC (marrying again during lifetime of husband or wife) was rendered inapplicable to Muslims and no married woman from the community has the avenue to file a complaint against her husband for the offence of bigamy.

In a historic decision last August, a five-judge constitution bench of the Supreme Court by 3:2 majority struck down triple talaq, or instant divorce, as unconstitutional. While then Chief Justice J S Khehar and justice S Abdul Nazeer held triple talaq to be part of fundamental right to religion of Muslims and said it was not unconstitutional, Justices Kurian Joseph, R F Nariman and U U Lalit said triple talaq violated the fundamental right of Muslim women as they are subjected to arbitrary irrevocable divorce through this practice.

At the time, Justice Khehar said "we have taken a conscious decision to deal only with triple talaq" and not polygamy or 'nikah halala'.

When the attorney general (AG) insisted that all three issues be heard together, the bench said, "AG, it does not even happen in T20 cricket that one can take three wickets in one ball."

https://m.timesofindia.com/india/su...halala-among-muslims/articleshow/63462605.cms

 

[Soumitra]

One more step towards uniform civil code. I wonder what the seculars and feminists have to say?

 

[New World]

they are going to ruin muslims houses and family system...

they are interfering in the religious matters.. without making consent with muslim scholars and bodies..

 

[Soumitra]

they are going to ruin muslims houses and family system...

they are interfering in the religious matters.. without making consent with muslim scholars and bodies..

When muslims go to western countries how do they survive without these systems

 

[Advaitagrata]

When muslims go to western countries how do they survive without these systems

By reducing their number of visits to pakistan

 

[New World]

When muslims go to western countries how do they survive without these systems

because of these policies, family system is rapidly vanishing in the west..

 

[Jugger]

they are going to ruin muslims houses and family system...

they are interfering in the religious matters.. without making consent with muslim scholars and bodies..

What are your views on triple talaq and polygamy?

 

[313ghazi]

If you think living under the kafir you ruled over for a 1000 years as a minority is a good idea - this is what you get.

 

[Soumitra]

because of these policies, family system is rapidly vanishing in the west..

Sorry if polygamy is a ideal family system we don't want it.

And Nikaah Halaal is nothing but religiously sanctioned p*****tion

 

[New World]

What are your views on triple talaq and polygamy?

as for Triple talaq, there is some difference between islamic scholars.
1 says. once 3 times talaq is said it meant that person has divorced his wife for life time. giving talaq in anger or being alcoholic has no value. they are not considered as a real talaq.

2nd says. saying 3 times talaq is meant for divorce for 1 time. if sometime later they(both man and woman) want to marry again, they can marry again and if man again give talaq to his wife, that will be 2nd time talaq and again if they want to marry again, they can marry. and if for 3rd time man give talaq, that will the be last talaq. and they both can never marry again. giving talaq in anger or being alcoholic has no value. they are not considered as a real talaq.

NOTE: in both cases. after 3rd talaq, woman has to marry with another man and has to live with him(that marriage should be the real one not the planned). and before giving talaq it is advised for to bring elders in the discussion and there should be a time for 3 to 4 months as a time for both parties to try to sort out their problems not get divorced

there is a chapter of Quran on Talaq. try to read it also. https://quran.com/65

http://www.irfi.org/articles2/articles_3251_3300/the quranic procedure of talaqhtml.htm

What are your views on triple talaq and polygamy?

Polygamy is optional for men but with conditions.

if man can balance and do justice between wives than he can marry multiple times but not more than 4..

 

[lightoftruth]

halala is nothing but rape.

 

[Nilu Pule]

Such mediveal practices need to be banned.

But the government also needs to take action against brahmins who sexually abuse girls/women in temple. Brahmins still abuse devadasis (child prostitutes) in temples.

 

[Imran Khan]

ohhh boy i want to see indian muslims face today dhobi e kutty walai halat ho gai