Nikah Halala: Law in theory v. Law in practice

  • Sri Abhigna Pillalamarri
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  • Sri Abhigna Pillalamarri

    Student at Symbiosis Law School, Hyderabad, India

Abstract

The practice of Nikah Halala is presently under a huge radar of criticism, initiated by aggrieved Muslim women and other human rights organizations. The consequences of the usage and enforcement of this practice are the cause of this criticism. But the practice has been grossly misunderstood and misinterpreted and is being followed in various parts of India by the religious leaders at their own behest and according to their own interpretations. This arbitrary imposition of principles of Halala propagated by individuals which are not endorsed by the Quran became a source of ambiguity and uncertainty for many of the followers, who are ignorant of the Islamic ideology behind the practice. The usage of this practice is having destroying effects on Muslim women who fall prey to demands and desires of their husbands. India, despite being a progressive third-world nation, has been seeing a shocking rise in the cases of Halala-fixing, which is a pre-arrangement enabling a woman to remarry her former husband by marrying an un-known man, consummating the marriage and obtaining the divorce. Such postulation goes against the spirit of the Islamic jurisprudence, which will be elaborated upon subsequently. With the help of chronicles brought forth in this paper, we shall understand the evolution of this practice and understand the distinction behind the law in theory as compared to the law in practice. The wrongful postulation of Nikah Halala and its practice as a pre-arrangement is projected against the penal provisions and a lucid elaboration is provided in this regard. Further, the paper summarizes notable solutions in view of the wide prevalence of this practice in India and concludes remarks on the subjects of equality and upliftment of Muslim women.

Type

Research Paper

Information

International Journal of Law Managment and Humanities, Volume 4, Issue 3, Page 1313 - 1322

DOI: https://doij.org/10.10000/IJLMH.11621

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