Nikah Halala- Under the Law - Seeker's Thoughts

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Seeker's Thoughts

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Nikah Halala- Under the Law

"And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband” [al-Baqarah 2:230].

Nikah Halala' is a process in which a Muslim woman, who wants to re-marry her husband after the third divorce, has to first marry another person and get a divorce from the second person after the consummating the marriage.

Or nikah halala is a practice where a woman has to sleep with another man to remarry the first husband.  This does not apply in the first two divorces but the third one. 

According to some Muslim scholars- this was to prevent the mockery of marriages. What a tremendous rule of equality and to save the marriages. 

The practices of 'Nikah Mutah' and '
Nikah Misyar'
-- two types of temporary marriages where the duration of the relationship is specified and agreed upon in advance.
Majority of Muslims follow sharia even in democratic countries like India and the practice remains applicable in society. 

Problems Associated - There were cases in Bareilly district of UP where women were sought to sleep with father in law to fulfill this religious condition (References). These basically violate the fundamental rights of individuals - like article 14, 15, and 21 of the Indian Constitution. 

The problem with religious minds is they have so many interpretations of their own that when they consider that something is ruining the brand image of religion they provide arguments like Islam does not permit it. The root remains the religion even if religious minds discard it. 

Violation of Law- It violates fundamental rights to equality and freedom as mentioned above. One prominent fundamental right is (Mis)used by religious orthodox that's is article 25 which gives rights to practice religion. 
Nikah halala does not provide equality but it is a form of sexual harassment too. People impose these sexual relations on women with a father figure like the father in law or someone else.
It is a huge psychological injury one has to carry always. Moreover, man can treat this as a punitive measure for women. 
Such religious practices are so primitive and absurd that it's really saddening that people follow it. 
Women are struggling hard to fight against it from Muslim communities while fundamentalists are calling them names instead of understanding the problem on humanitarian ground. 
They are even holding grudge against the government which is rumored to be pro Hindutva. Nothing matters but the religion.. and the blame is on the woman not on the practice. 
- Namrata

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