UGC Approved Journal no 63975(19)

ISSN: 2349-5162 | ESTD Year : 2014
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Published in:

Volume 8 Issue 11
November-2021
eISSN: 2349-5162

UGC and ISSN approved 7.95 impact factor UGC Approved Journal no 63975

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Published Paper ID:
JETIR2111165


Registration ID:
317001

Page Number

b514-b522

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Title

The Practice of Halala and Human Rights of Muslim Women

Abstract

The primary source of Muhammadan Law is the Holy Quran that represents the God's will which is communicated through the Prophet in the light of Angel Gabriel. Section 34, Chapter IV in Mulla's Principles of Muhammadan Law by Hidayatullah, Nineteenth Edition deals with Interpretation of the Quran , which states that the courts in administering Muhammadan Law, should not as a rule attempt to put their own construction on the Quran in opposition to the express ruling of Muhammadan commentators of great antiquity and high authority. In Islam marriage is a 'matrimony contract'. Despite its prominence on marriage and its preservation, Islam, does not rule out the dissolution of marriage as a last resort for estranged couples. The existence of nupital relations in case of Muslims has to be resolved with reference to provisions of Muhammadan law and not by provisions of equity or good conscience as understood by any other system of law. Halala Nikah is a practice in the Muslim community which allows a man to marry his wife after he irrevocably pronounces Triple-Talaq. Holy Qur’an, per se incorporates that if a husband divorces his wife for the third time, the patronage outlaws him to remarry her, until succeeding she has married another husband and he has divorced her. This second marriage of the wife is called Halala. But lately it has been witnessed that Halala Nikah is being used as a tool to veil the impetuous pronouncements of divorce by the Husbands and as an arrangement for their marriage of the wife with her former husband. This is done in the form of what is generally termed as ‘Halala-fixing’, whereby another man agrees to marry the woman, consummate the marriage and then divorce her. Halala has been severely criticized as it harms the dignity of a woman by forcing her into a compromised sexual relationship, which is nothing else than Rape. The research attempts to expose the prejudice and fallacies of the criminal justice system in India viz-a-viz Nikah Halala. It goes on to provide arguments and reasons necessitating to the Unconstitutionality of the said marriage.

Key Words

Halala-Fixing, Halala Nikah, Rights of Muslim Women, Triple-Talaq.

Cite This Article

"The Practice of Halala and Human Rights of Muslim Women", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.8, Issue 11, page no.b514-b522, November-2021, Available :http://www.jetir.org/papers/JETIR2111165.pdf

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2349-5162 | Impact Factor 7.95 Calculate by Google Scholar

An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 7.95 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator

Cite This Article

"The Practice of Halala and Human Rights of Muslim Women", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.8, Issue 11, page no. ppb514-b522, November-2021, Available at : http://www.jetir.org/papers/JETIR2111165.pdf

Publication Details

Published Paper ID: JETIR2111165
Registration ID: 317001
Published In: Volume 8 | Issue 11 | Year November-2021
DOI (Digital Object Identifier):
Page No: b514-b522
Country: -, -, India .
Area: Engineering
ISSN Number: 2349-5162
Publisher: IJ Publication


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