What Does Quran Say About Nikah Halala? Will Banning it Help?
Video Editor: Rahul Sanpui
Camera: Abhishek Ranjan, Athar Rather
‘Nikah halala’ is a practice in which a woman, after triple talaq, marries another man, consummates the marriage, and gets divorced in order to be able to remarry her former husband.
Right now, a constitution bench of the Supreme Court is going through petitions challenging the age-old practice that many women feel violates their right to equality and justice.
Speaking to The Quint, historian Rana Safvi said “there is no such thing as nikah halala in the Quran.”
The Quran says a woman becomes haram or forbidden to her husband after she has been divorced. However, if she marries another man and for whatever reason the marriage doesn’t last – the second husband gives her a divorce or dies – and she and her previous husband decide to remarry, it is lawful.
“This provision was meant to prevent married men to divorce women in jest,” Safvi said, adding, “nikah halala is a term which I think Muslim men have come up with I feel. Where you make the wife legitimate or lawful for you once again.”
Saying that such marriages are condemned under the Shariat Law and find absolutely no sanction in the Quran, All India Muslim Personal Law Board Vice-President Maulana Syed Jalaluddin Umari said, “nikah halala are marriages performed with the intention to reunite a man with his previous wife. And there is no sanction in the Quran for such marriages.”
There have been reports of online services that offer ‘halala’ marriages. According to an investigative report done by a TV channel, maulvis were caught asking for money in exchange for performing nikah halala marriages.
‘Nikah Halala is Unlawful, But a Ban Won’t Help’
Although, AIMPLB is of the view that ‘nikah halala’ is not Quranic, they do not want a constitutional ban on it.
Maulana Umari said an issue is being made out of a non-issue to divert attention.
Explaining why a ban will have no effect he said, “If a man goes to a qazi and says he wants to marry a woman, the qazi will look for the terms under the Islamic law and perform a nikah. What else can the qazi do? How can he know the intentions of the man?”
Responding to this remark, Safvi said: