Nikah Halala, Polygamy: Modi Government to Oppose Islamic Practices in Supreme Court

New Delhi, Jun 29: After backing a successful legal battle against triple talaq, the Modi government will now oppose the practices of Nikah Halala and polygamy in the Supreme Court.

Hearing a batch of petitions challenging the practices of Nikah Halala and polygamy, a bench of Chief Justice Dipak Misra, Justice A M Khanwilkar and Justice D Y Chandrachud by its March 26 orders had said the matter would be heard by the constitution bench. While referring the matter to the constitution bench, and sought the Central government's response.

The government likely to maintain its stance that the “issue of validity of triple talaq, Nikah Halala and polygamy needs to be considered in the light of principles of gender justice and the overriding principle of non-discrimination, dignity and equality”.

The petitions were filed by Sameena Begum, Nafisa Khan, Moullium Mohsin and BJP leader and advocate Ashwini Kumar Upadhyay challenging the practice of polygamy, nikah halala, nikah mutah and nikah misyar on the grounds of these being violative of Article 14, Article 15 and Article 21 of the Constitution.

Article 14 guarantees equality before law, Article 15 prohibits discrimination on grounds of religion, race, caste, sex or place of birth and Article 21 guarantees protection of life and personal liberty. Polygamy is a practice followed in Muslim community where men are allowed to have multiple wives.

Under nikah halala, if a Muslim woman after being divorced by her husband three times at different instances wants to go back to him, then she has to marry another person and then divorce the second husband to get re-married to her first husband. The Supreme Court, last year, had declared triple talaq unconstitutional by 3:2 majority.

(The above story first appeared on LatestLY on Jun 29, 2018 04:07 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).