POLYGAMY AND NIKAH HALALA

Description

Context: The Supreme Court said that it would constitute a five-judge Constitution Bench to hear arguments challenging the constitutionality of polygamy and nikah halala among Muslims.

Details

A Public Interest Lawsuit (PIL) was filed and the petitioner argued that Section 494 of the Indian Criminal Code should be repealed because it permits polygamy, halala, and other practices.
While polygamy permits a Muslim man to have four wives, nikah halala deals with the process by which a Muslim woman who wants to remarry her husband after divorce must first marry another person and obtain a divorce from him.

Present Indian Law on Nikah Halala

After the Supreme Court struck down triple talaq, India's Muslim Women's Protection of Rights on Marriage Act was passed, however, it makes no mention of nikah halala.
The Act criminalized instant triple talaq, but it avoided halala, which occurs as a result of triple talaq.

Triple Talaq

https://www.iasgyan.in/daily-current-affairs/triple-talaq-48

Talaq-e-hasan

https://www.iasgyan.in/daily-current-affairs/talaq-e-hasan

Attempt Daily Quiz

PRACTICE QUESTION

Q. Do you agree that the parliament's decision to criminalize triple talaq represents a win for gender justice and will promote equality in society? Discuss

https://epaper.thehindu.com/ccidist-ws/th/th_delhi/issues/29780/OPS/GKHB1BBDI.1+G01B1C34A.1.html