NEW DELHI: The Supreme Court (SC) mentioned today that petitions difficult polygamy among Muslims might be listed for hearing earlier than a Constitution bench after the Centre recordsdata a respond to them.
The apex court additionally agreed to imagine pressing listing of petitions difficult the practices of polygamy and 'nikah halala'.
Appearing for a Muslim girl petitioner, Shamima Begum, the counsel, told the SC that she has been threatened by way of her parents-in-law to withdraw the plea from the SC or be thrown out of her matrimonial area.
The SC mentioned it's going to listen her plea in conjunction with others that challenge the apply of marrying more than one spouse.
The Centre appears to be on board with the petitioners.
After effectively getting speedy triple talaq declared unconstitutional ultimate yr, the Centre is all set to throw its weight behind petitions filed within the SC to claim both "nikah halala" and polygamy "unconstitutional". Sources told TOI that the Centre would prolong its support to petitioners. Earlier this yr, the SC agreed to hear the petitions against the 2 practices.
'Nikah halala' is a tradition that forbids a divorced couple from remarrying, after the pronouncement of 3rd divorce, till the lady marries someone else, consummates her new marriage and then gets divorced or widowed. While defended by way of the clergy, the apply has been slammed by way of women folk's activists who've referred to as it retrograde and anti-women and feature petitioned the SC to get it banned.
Having agreed to hear the petitions at the topic, the SC earlier issued notice to the Centre and the legislation ministry. The SC additionally directed the Centre to respond to the plea in quest of to claim the provisions of Muslim Personal Law (Sharia) which validate the apply of polygamy and 'nikah halala' as unconstitutional. The Centre is gearing up to put forth its stand by way of backing the petitions difficult the 2 practices, sources told TOI.
The Centre's plan comes whilst Bharatiya Muslim Mahila Andolan (BMMA), a voluntary organisation which effectively petitioned the SC against speedy talaq, has decided to sign up for the petitioners who're in quest of an end to 'nikah halala' and polygamy.
"We are seeking a comprehensive law regulating all aspects of marriage and family by a Quranic-based law that complies with the Constitution too. We want halala to be a criminal offence and polygamy to be illegal. We believe the Quran doesn't permit polygamy in today's context. We are seeking legal protection like that for Hindu and Christian women," mentioned Zakia Soman of BMMA to TOI.
The apex court additionally agreed to imagine pressing listing of petitions difficult the practices of polygamy and 'nikah halala'.
Appearing for a Muslim girl petitioner, Shamima Begum, the counsel, told the SC that she has been threatened by way of her parents-in-law to withdraw the plea from the SC or be thrown out of her matrimonial area.
The SC mentioned it's going to listen her plea in conjunction with others that challenge the apply of marrying more than one spouse.
The Centre appears to be on board with the petitioners.
After effectively getting speedy triple talaq declared unconstitutional ultimate yr, the Centre is all set to throw its weight behind petitions filed within the SC to claim both "nikah halala" and polygamy "unconstitutional". Sources told TOI that the Centre would prolong its support to petitioners. Earlier this yr, the SC agreed to hear the petitions against the 2 practices.
'Nikah halala' is a tradition that forbids a divorced couple from remarrying, after the pronouncement of 3rd divorce, till the lady marries someone else, consummates her new marriage and then gets divorced or widowed. While defended by way of the clergy, the apply has been slammed by way of women folk's activists who've referred to as it retrograde and anti-women and feature petitioned the SC to get it banned.
Having agreed to hear the petitions at the topic, the SC earlier issued notice to the Centre and the legislation ministry. The SC additionally directed the Centre to respond to the plea in quest of to claim the provisions of Muslim Personal Law (Sharia) which validate the apply of polygamy and 'nikah halala' as unconstitutional. The Centre is gearing up to put forth its stand by way of backing the petitions difficult the 2 practices, sources told TOI.
The Centre's plan comes whilst Bharatiya Muslim Mahila Andolan (BMMA), a voluntary organisation which effectively petitioned the SC against speedy talaq, has decided to sign up for the petitioners who're in quest of an end to 'nikah halala' and polygamy.
"We are seeking a comprehensive law regulating all aspects of marriage and family by a Quranic-based law that complies with the Constitution too. We want halala to be a criminal offence and polygamy to be illegal. We believe the Quran doesn't permit polygamy in today's context. We are seeking legal protection like that for Hindu and Christian women," mentioned Zakia Soman of BMMA to TOI.
Supreme Court to refer anti-polygamy pleas to Constitution bench after Centre's reply
![Supreme Court to refer anti-polygamy pleas to Constitution bench after Centre's reply]()
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July 02, 2018
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