Nikah Halala Under Muslim Personal Law: A Critical Appraisal

Abstract

The practice of 'Nikah Halala' under Muslim personal law, which mandates that a woman divorced through an irrevocable ' Talaq' must marry another man and consummate that marriage before she can remarry her original husband, is often misinterpreted and misused. Initially intended to prevent hasty divorces by complicating remarriage, Nikah Halala was designed to deter men from impulsively divorcing and then easily reconciling with their wives. However, the practice has been corrupted into a form of exploitation, termed 'Halala-fixing,' where the process is manipulated to force women into exploitative and abusive situations. These arranged marriages are not genuine unions but rather transactions aimed at circumventing remarriage rules, leading to severe psychological, physical, and financial abuse of women. Such malpractices have been likened to rape under the Indian Penal Code and Bharatiya Nyay Sanhita, as they involve coercing women into sexual relations not as acts of marital intimacy but as responses to arbitrary divorces. This paper analyzes Nikah Halala's legal aspects and examines the trauma experienced by women coerced into such practices under the guise of religious observance. It seeks to uncover the deep-seated issues and implications of distorted Nikah Halala practices, emphasizing the urgent need for critical examination and reform to protect women's rights. The exploration highlights the necessity of understanding and addressing the legal and ethical challenges posed by such practices within the context of women's rights and societal impact.