AUTHORED BY: GAURAV PURI (MANAGING PARTNER, GLS LAW OFFICES)
DEVPRIYA SINGH (ASSOCIATE, OFFICE OF JUSTICE G.P. MITTAL (RETD.))
ABSTRACT: Halala Nikah is a practice in the Muslim community which allows a man to marry his wife after he irrevocably pronounces Triple-Talaq. As per the Holy Qur’an, if a husband divorces his wife (for a third time), he cannot, after that remarry her until after she has married another husband and he has divorced her. This second marriage of the wife is called Halala. The number of Halala marriages has suddenly increased to alarming numbers. The women in Halala have also reported abuse at the hands of their husbands. These women are forced to undergo Halala with their near relatives also at times which is leading to injustice and a violation of their Constitutional freedoms and Human Rights.
The Shayara Bano v. Union of India case was a landmark judgement given by the Supreme Court on 22.08.2017 in the interest of the Muslim women of India and changed the paradigm of judicial intervention into Personal Laws. Halala Nikah an intrinsic aspect of Triple Talaq the paper seeks to explore the custom in order to evaluate its Constitutional position in India vis-à-vis the Constitutional Test of Article 25. Therefore, the essay seeks to evaluate the position and answer the question with regards to the practice of Nikah Halala as an essential religious practice.
Published in: International Review of Human Rights Law [Issue 4, May 2019], ISSN – 2455-8648
PDF LINK: https://www.glslawoffices.com/wp-content/uploads/2025/02/Nikah-Halala.pdf