Mumbai: A resident of Nalasopara in Mumbai suburbs who was divorced about five years ago has filed a petition in the Bombay High Court seeking a ban on Halala and Polygamy.
Halala is the temporary nikah a divorced woman needs to have with another person, according to a section of Muslims, if she wants to remarry her first husband. Polygamy is marrying more than one wife.
While Prophet Muhammad himself has condemned such a nikah as illegal and against Islamic Shariah, marrying more than one woman is allowed in Islam - though with a strict condition.
Calling polygamy and halala as the "biggest problems suffered by Muslim women in India today", the 33-year-old woman, who has requested that her name be withheld, has called for a ban on such practices.
As per her petition, the woman was married to a Bandra resident in 2009. Two months after their marriage, the woman's in-laws started harassing her. She also accused her father-in-law of trying to molest her on many occasions. The victim's husband gave her talaq in 2012.
The victim's petition is filed in the Bombay High Court at a time when a bill criminalising instant triple talaq is due to be passed in the Rajya Sabha.
Citing the proposed bill, advocate Nitin Satpute, counsel for the petitioner, said the Muslim Women (Protection of Rights on Marriage) Bill 2017 popularly known as Triple talaq Bill, has failed to take note of Halala and polygamy.
"The proposed bill bans instant triple talaq and penalizes men. However, there is no mention about the equally problematic customs of polygamy and halala which is considered as legal, as per the Muslim Personal Law," the lawyer said.
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