Rights Over Religion

The concept of Polygamy dates I back to the wartime where polygamy was introduced to provide shelter and livelihood to the widows and orphans of the fighters. But in India, it’s still a very relevant practice. Although it is banned in many countries, Indians still adhere to it, that is due to the pressure of Muslim Maulvi, they sought towards the Shariat law to defend the practice. According to Shariat Law, divorce is condemned and the person who practices it has been badly cursed in the eyes of almighty (Allah). But if any couple could not adjust, there is a path through teen talaq using which the couple can separate their paths of life.

The holy book states following verse; SURAH AL BAQARAH 2:230"And if he has divorced her the third time, then she is not lawful unto him, thereafter until she had married another husband" If the divorce was unintentional and situation driven and they want to be back together this is not permissible in the eyes of Islam under any circumstances. Later in life if they choose other life partners and then if the situations don't go smooth and they further separate or the second husband dies and she becomes a widow there is a proper path paved to return to the ex-husband if she wants.

A lady of Murvapura stated that after 2 years of her marriage the situations were not smooth and her husband divorced her who later pursued her that it was just situation driven and unintentional and wanted to remarry her and she went through halal with her father-in-law. Again after 5 years ie; after 7 years of her marriage the situations went harsh and a divorce was forced upon her and was called upon to have a halal with brother-in-law which she refused and is fighting a case against him in The Supreme Court of India for allowance. Shariat says that halal (once divorced remarriage is not permissible with ex-husband until she marries another man of her own choice faces a divorce or khula again or becomes a widow) is a protection given to Muslim women so that no husband takes talaq lightly. It is a punishment to a husband who misused divorce since no husband would like to share his wife with someone else, in contrast to which it has become a curse among the Muslim women due to misportray of the procedure.

The women community is standing in front of the law board and the government for their rights. Petitions have been Filed against halal and polygamy. Victimized b)’ POIYSamy, a social activist and a mother of three has knocked the doors of The Supreme Court of India urging that nikah-Shalala and polygamy be criminalized under the Indian Penal Code and Section 2 of the Muslim Personal Law Application Act be declared unconstitutional as it seeks to recognize and validate such draconian practices.

Shariat says that Halala is a protection given to Muslim women so that no husband would want to share his wife with someone's else. It is well settled that Common law has the primary over the Personal law. Hence the court should declare that "Triple Talaq is a cruelty under section 498A of the IPC, Nikah - Halala is rape under section 375 of IPC 1860, Polygamy is an offence under section 497 of the IPC.