NewDelhi: The All India Muslim Personal Law Board (AIMPLB) on Monday (January 27) moved the Supreme Court to contest a PIL that challenged practices of ‘Nikah Halala’ and polygamy among Muslims. The organisation of Muslim Ulemas contended that the law was founded on Holy Koran and Hadith and its validity cannot be tasted on a challenge based on the fundamental rights.
In its application filed in the court, the AIMPLB says that other than the person belonging to the Muslim community, any nomination should not be allowed to question their faith.
BJP leader and advocate Ashwini Kumar Upadhyay had filed a petition in Supreme Court in March 2018 seeking directions declaring polygamy and ‘nikah halal’ as unconstitutional and illegal.
While the practice of polygamy is outlawed in the country, the exemption is provided to the Muslim community under the Muslim Personal Law (Shariat) Application Act, 1937, which paves the way for the implementation of personal law in matters connected with marriage. Similarly, ‘nikah halala’ is also permitted.
Under polygamy, a Muslim man is allowed to have four wives. ‘Nikah halala’ is a process in which a Muslim woman, who wants to re-marry her husband after divorce, has to first marry another person and get a divorce from the second after consummating the marriage.
In July 2018, the top court had referred the matter to a Constitution bench, which is seized of similar petitions. The court had tagged Upadhyay`s plea with a petition filed by a petitioner names Farzana.
In a landmark judgement, the top court has in August 2017 banned the age-old practice of instant ‘triple talaq’ among Sunni Muslims after declaring it ‘unconstitutional’. In March 2018, the court referred to the issue of polygamy and ‘nikah halala’ for consideration to another bench.
Bureau Report
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