The Nikah Halala is the Islamic concept, in Islam nikah implies marriage and halala implies something which can be considered “legal”. After the proclamation of talaq, the lady moves toward becoming ‘haram’ (unlawful and in this way, restricted) for the spouse. As the major source of Muslim law is Quran which says that a woman(spouse) who is divorced, as to remarry her former husband, she needs to become halal i.e. lawful in terms of law by marrying another man, have sexual intercourse during the marriage and by getting divorced again.
After her (lady or spouse) second divorce, she needs to experience the period of ‘iddat’ which is of three menstrual cycles and after this, she can remarry her former husband and it will be lawful marriage. There are best divorce lawyers in Bengaluru who can interpret the Muslim law in a systematic manner and practicing advocacy from decades.
In India, personal laws have overwhelmed for an extensive stretch of time, Nikah Halala is followed by a Muslim community as they presume that the personal laws relating to marriage and judicial separations is profoundly secured in their religious writings and no law of the nation can outshine that.
Many incidents have been reported in India where Muslim women are openly exploited in the name of Nikah Halala. In India cases of Nikah Halala is often prominent in Muslim culture, there are many incidents where women (victims) suffered this and they were forced to keep quite just in the sake of cultural practice.
In October 2016, there was an incident where a Muslim woman claimed that she was raped by her husband’s friend. She stated that her husband was forced to give divorce to his spouse because her husband had lost her in a bet during gambling. As after the divorce she became unlawful and forbidden for her husband, her husband’s friend offered to marry her and have sexual intercourse during marriage because to make marriage lawful there should be sexual intercourse, after this only she can remarry her former husband.
A lady in Bareilly was compelled to perform the custom based ritual of ‘Nikah-Halala’ with her father-in-law when her husband gave her divorce. When she denied of doing ‘Halala’, her in-laws forcefully administrated sedative or narcotic injection on her and finished the ritual of ‘Halala’ with her father-in-law. She claimed that for the next 10 days, her father-in-law raped her and gave her divorce so that she can remarry her husband.
When the issues were came into a big picture to prohibit Nikah Halala, the honorable Supreme Court states that they are ristricted to hear petitions against Nikah Halala. As dreadful as it might sound, a number of mualvis are putting forth themselves up for a one-night with divorced Muslim women to save their marriages under the Islamic law.
Should such mualvis who are exploiting and abusing woman sexually for the sake of confounded religious practice of halala who are charging from Rs 20,000 to Rs 1.5 lakh just to participate in ritual of Nikah Halala, not be held guilty of Rape? As here human rights are disappearing under the pressure of the Muslim world, the practice of halala is extremely heinous, wicked and offensive for both the man and woman.
The destruction of Nikah Halala has put this Islamic practice as equal with the offense of rape which is given under Section 375 of the Indian Penal Code, 1860 because to remarry her former husband, a stranger should be there who will offer to marry her and have sexual intercourse, this sexual intercourse is usually without the consent of spouse and a sexual intercourse without a women’s consent is rape.
Broadly, due to the non-codification of the Muslim laws, the act of Nikah Halala has likewise been generally misconstrued. To such an extent that Muslim divorced women are misused, exploited and compelled to get into sexual intercourse with outsider or stranger in order to legitimize their remarriage with their first husband.
The awful line of Halala is the disagreeable culmination of triple talaq which has just been pronounced unconstitutional or illegal (being violative of the fundamental right guaranteed under Article 14 of the Constitution) by the Supreme Court of India in Shayara Bano v. Union of India. In the wake of winning a hard-fought fight against moment triple talaq, the Bhartiya Muslim Mahila Andolan is prepared with its draft of ‘Muslim Family Law, 2017’, which, whenever discussed and enacted or ordered by the parliament, would finish demonstrations of polygamy and Nikah Halala, as well. A codified law imposing a prohibition on Nikah Halala practice and strikingly chain out the misery looked by ladies for the sake of Nikah Halala.
As per requirement, the law to amend just to adjust the changing needs of the society. The Muslim Personal Law Board has to introduce another way for divorced couples to remarry again without compelling the spouse into any undesirable marriage or relationship of such nature.
AIR 1985 SC 945
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