In October the case on criminal nature of Nikah Halala is set to be heard by
the supreme court of our India in the backdrop of the case filed by Sameena
Begum and Farzana Parveen in the form of PIL. Through this PIL both the
petitioner seek annulment of Halala marriage and also polygamy. Thus it becomes
important to understand the concept of Nikah Halala.
Nikah Halala is like any other marriage where a woman marries a man and
consummates her marriage with him. So question arises how is NIKAH HALALA
different from NIKAH? Difference comes in the intention of the marriage. While
in NIKAH intention is to stay in the marriage and start a family, in NIKAH
HALALA the intention is in a stark contrast. Here, woman marries a man with the
intention to seek divorce from him the very next day of consummating her
marriage and this arrangement is wholly pre-planned.
To understand the reason behind this, its is rather necessary to understand a
concept of HOLY KORAN which dictates that a man can divorce his wife only for
a maximum of two times and a third time would mean releasing of his wife from
the matrimonial relation. So this mandate acts as a restriction on the husband
from creating a life time cycle of marriage-divorce.
Nikah Halala vis-a-vis Triple Talaq
Instant talaq or widely known as Triple talaq was given by many men to their
wives in a fit of anger and after sometime when their minds relax and understand
the implications of their action they would seek to again take their wives back.
Now triple talaq in itself is a divorce pronounced three times and so Koran acts
as a hurdle in that man's wish to remarry his wife as now she is discharged from
the relation .
Now NIKAH HALALA comes into play. In order to get remarried to their former
husband, women enter into Halala marriage , consummates the marriage and seeks
divorce the next day.
Halala marriage is nowhere mentioned in Koran or any other Islamic religious
text. It is a direct product of Triple Talaq. Such that without Triple Talaq ,
this very concept is nothing more than a deadwood.
ISSUES WITH HALALA MARRIAGE
- A woman has to suffer due to the temperamental nature of her husband.
- Fazrana Parveen , the petitioner to this case is also suffering from
this as her husband pronounced triple talaq and later decided to accept her
back if she undergo HALALA MARRIAGE. Now she is seeking judicial redress.
But can every Muslim women in India afford to seek redress given their
economic and socially backwardness and unawareness of their basic
- Sameena Begum , the other petitioner of this PIL, contends that this
kind of marriage where often helplessly and unwillingly undergo Halala
marriage and has to consummate the marriage amounts to nothing less than
Rape. And any such person should be punished who either forces a women to
undergo such marriage and he who consummates it should be punished under
IPC,1860 for abetment to rape and rape respectively.
Halala Marriage And Islamic Religion
Nowhere in KORAN halala marriage is mentioned. Rather the practice itself stems
from TRIPLE TALAQ which is also nowhere found mentioned in holy Koran. Thus, it
is evident Islamic law/ religion does not in any way support these two
practices. Yet, why a Muslim man insist on such a marriage is an anomaly which
is far from a person's understanding.
An interesting aspect of this practice is that it is not at all practiced in
Saudi Arabia, UAE, Kuwait, or in Yemen all Islamic states but is followed in
India and the Muslim Protection Of Rights On Marriage Act
passed to curb the triple talaq menace is silent of halala marriage issue.
In my opinion, Halala marriage is a grave violation of a women's dignity in the
name of religion (which itself nowhere supports or mentions such a practise. It
is about time that a precedent be created to stop this atrocity against Muslim
women now who either for the sake of their children and family or due to their
hopeless social situation drink this bitter poison.
Also, there is a need to create a deterrent effect against such marriage and so
criminalization of such marriage can be considered. Rest depends upon the
hearing of the PIL which is soon to take place.