Nikah Halala: The case of India.

A Delhi-based victim of instant triple talaq approached the Supreme Court seeking a ban on Nikah Halala.

Following her petition, the Court issued notices to the Government of India, the National Human Rights Commission, the National Commission for Women and the National Minorities Commission.
The five judge bench headed by Justice Indira Banerjee shall hear the case this October.

Nikah halala, also known as tahleel marriage, is a practice in which a woman, after being divorced by triple talaq, marries another man, consummates the marriage, and gets divorced again to be able to remarry her former husband.

It is the process of divorce under Sharia Law (Islamic law), where a husband can divorce his wife by pronouncing “Talaq” three times.
This is also called oral talaq.
The term “talaq” is commonly translated as simply “divorce”.
Classical Islamic law refers to the husband’s right to dissolve the marriage by simply announcing to his wife that he rejects her.
In instant triple talaq, a man pronounces multiple divorces in one go.
It has no scope for reconciliation between the couple and often ends a marriage instantly.
Parliament enacted the Muslim Women (Protection of Rights on Marriage) Act, 2019, thereby criminalising the practice of instant Triple Talaq.
The Supreme Court, in the Shayara Bano case (2017), declared the practice of Triple Talaq (talaq-e-bidat) unconstitutional.

Talaq-e-Hasan is a form of divorce by which a Muslim man can divorce his wife by pronouncing talaq once every month for three months.

In Islam, a woman who wishes to terminate her marriage contract without the consent of her husband must do so by applying to the Shariah Council. This type of divorce is commonly referred to as a “Khula.”

Domination of the clergy in society:
- Even though women have started asserting their rights through khula, many clerics/religious leaders still insist on the man’s consent for divorce, thereby defeating the purpose of khula.
Judicial pendency:
- Similarly, cases against Nikah Halala have been pending before the highest courts for more than a year, and the practice continues.
Final divorce:
- Many maulanas (religious leaders) still consider a divorce pronounced in a hurry as final and tell the victim to marry another man.
Misinterpretation of religious texts:
- The Koran (Muslim religious text) allows a man to divorce his wife a maximum of two times. On both occasions, separated by at least one menstrual cycle — instant triple talaq is not mentioned anywhere in the Koran — he is allowed to cancel the divorce.

Offenders and penalties:
- The Bill declares talaq a cognisable offence, punishable by up to three years imprisonment with a fine.
- A cognisable offence is one for which a police officer may arrest an accused person without a warrant.
Allowance:
- A Muslim woman against whom talaq has been declared is entitled to seek subsistence allowance from her husband for herself and for her dependent children.
- The amount of the allowance will be determined by the magistrate.
Custody:
- A Muslim woman against whom such talaq has been declared is entitled to seek custody of her minor children.
- The magistrate will determine the manner of custody.

Content Source: The Hindu