After striking down triple talaq, SC agrees to examine validity of nikah halala, polygamy

After striking down triple talaq, the Supreme Court on Monday agreed to examine the constitutional validity of polygamy and ‘nikah halala’ among Muslims.

The apex court also referred the matter to the constitution bench and sought responses from the Centre and the Law Commission.

Polygamy and ‘nikah halala’ are two different practices among Muslims.

While polygamy allows a Muslim man to have four wives, ‘nikah halala’ involves a female divorcee marrying someone else, consummating the marriage and then getting a divorce in order to make it allowable to remarry her previous husband.

A three-judge bench headed by Chief Justice Dipak Misra and comprising Justices A M Khanwilkar and D Y Chandrachud on Monday said that a new five-judge constitution bench would be set up to deal with the constitutionality of both the practices.

Earlier on August 23, 2017, the Supreme Court had declared instant triple talaq unconstitutional, illegal and void saying the practice was against basic tenets of Quran.

The 5-judge constitutional bench, headed by the then Chief Justice JS Khehar had delivered a spilt verdict (3:2) invalidating the practice as part of the Muslim Personal Law.

The Bench was hearing at least three petitions including some PILs challenging the practices on various grounds including that they violate Right to Equality and gender justice.

(With inputs from agencies)