Unveiling the Islamic Law and Practice of Nikah Halala in India:

Challenging Misconceptions and Advocating Reforms in Muslim Personal Law

Sofia Kausar

 

Abstract: Halala marriage is not prohibited. However, it cannot be adopted for convenience and to facilitate marriage, which is otherwise prohibited. Drawing on evidence from the Qur’an and Hadith, this article argues that halala marriage as practised in India is un-Islamic and should be banned entirely. The Muslim fuqaha (jurists) and ulema (scholars) in India who consider halala the way it is practised in India as legitimate in Islamic law need to revisit their perception of it. Halala marriage undermines the dignity of women, and to live with dignity is the fundamental right of every woman. Moreover, it outrages the modesty of women. This article also analyses different provisions of family laws concerning halala marriage in countries like Saudi Arabia, Pakistan, and Malaysia. The article concludes that the practice of halala marriage contradicts the moral principles of Islam, which emphasise that marriages should be based on sincerity, mutual respect, and genuine intent, and suggests reforms that need to be made in Muslim Personal Law in India.