Nikah-Halala in India: Practice, Precept, and Perception

Under Islamic law, nikah is a strong covenant between the husband (mohsin) and the wife (mohsina). The Qur’an obligates a Muslim husband to protect and keep his wife with dignity or set her free. In India, Muslim marriage has become a basis for legal battles on triple talaq (unilateral oral divorce by Muslim husband), polygamy, and nikah-halala. As petitions challenging the constitutionality of nikah-halala are pending before the Supreme Court of India, this article analyses the legality of nikah-halala considering the Qur’an, hadith, and opinion of scholars. This article, first, conceptualises the term ‘nikah-halala’ based on how it is practiced in India and seeks to examine the interpretations by the secular courts, common law scholars and ulema (Islamic scholars). While Muslim Personal Law (MPL) draws from Qur’anic principles and Sunnah, its application in contemporary India is influenced by colonial and postcolonial legislations, secular court judgments, and scholarly interpretations. This article, secondly, delves into the complex interplay between religious tradition, and colonial and postcolonial legacies in shaping MPL in India, with a particular focus on the contentious issue of nikah-halala. Ultimately, this article advocates for a nuanced understanding of MPL, grounded in religious tenets yet responsive to contemporary legal and constitutional imperatives. It concludes with recommendations for reconciling religious tradition with constitutional principles, fostering equitable outcomes for Muslim women in India.