Following the positive decision taken by the Apex Court on triple divorces, now Muslim women have raised their voices against ‘Halala’ and multiple marriages. In the same episode, a lady named Samina, left thrice in multiple marriages, having three children has filed petitioned in Supreme Court to declare these practices as unconstitutional.
Earlier, BJP leader Ashwani Kumar Upadhyay had filed a similar petition. He said in his petition that the marriage of Nahid Halaha and polygamy are violating the fundamental rights of Muslim women. Samina’s first marriage took place in 1999, after which she became mother of two children. After constant bad behavior and a police complaint, her husband gave her triple talaq. After this, she was forced to remarry her ex husband and according to ‘Halala’ ritual, she had to get married with a strange-old and already married person. When she became pregnant again, she was given triple talaq on the phone for doing minor arguments.
Samina now lives alone with her three children. She said that this petition has not been given for herself only. Rather, she has filed for all those women who are suffering from these customs.
Challenged to Muslim law
Samina has asked the Court that section 2 of the Muslim Personal Law (Shariat) Applications Act, 1937 should be declared arbitrary and against Article 14, 15, 21 and 25 of the Constitution, because it gives recognition to multi-marriage ritual .
Samina said that all provisions of the IPC, 1860 apply equally to all the citizens of the country. Triple talaq should be considered harassment under section 498A of the IPC, as per Section 375 of the marriage, it is considered as an offense under Section 375 of rape and polygamy under section 494.
Quoted Qur’an
The petitioner has cited the Qur’an in her petition. She said, the practice of polygamy was started in the ancient times keeping in mind the welfare of the widows and the care of the children during the war. It was given place in the verses of the Qur’an. But it was not allowed for the normal people, nor it should be allowed at present time according to Qur’an.
She gave example of Muslim countries in the petition
The laws of Muslim countries have been cited, in which polygamous marriage was declared illegal. Polygamy is illegal in Tunisia and Turkey whereas it is allowed in Iraq, Syria, Somalia, Bangladesh and Pakistan only when proper authorization is permitted. Samina said, equality should be the basis of all personal laws because the Constitution speaks of equal rights and justice for women. She said, women can not get married again if she’s already married. But there is no restriction for the male.
After Shah Bano and Saira, it’s Samira fight for rights!
In the 1980s, Shah Bano fought and won the legal battle for the first time after divorce. On the petition of Saira Bano, the Supreme Court has termed triple talaq as non-constitutional in 2017 at one time. Advancing the linkage of reforms in the Muslim society, Samina has now reached the Supreme Court against polygamous marriage and “halala”.
