Validity Of Nikah Halala, Polygamy To Be Examined By Top Court

The validity of nikah halala – the complicated process involved to remarry one’s divorced wife – and polygamy among Muslims will be examined by the Supreme Court, which declared instant Triple Talaq unconstitutional seven months ago.

The Constitution Bench of the Supreme Court, comprising its five senior-most judges, will hear four petitions challenging the legal validity of the two practices. The petitioners including two Muslim women, and a BJP lawyer, who want the top court to declare these two practices illegal and unconstitutional.

The court has already issued notices to the Centre and the All India Muslim Personal law board regarding the matter.

Nikah-halala is a practice intended to curb the incidence of divorce. Under it, a man cannot remarry his former wife unless she marries another man, consummates the marriage, gets a divorce and observes a period of separation period called “Iddat”. Polygamy is the practice of having more than one wife at a time.

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