New Delhi: Jamiat Ulama-i-Hind has moved the Supreme Court, opposing any judicial intervention in the Islamic religious practice relating to polygamy and nikah halala, contending that courts cannot interfere in personal laws of religion.
The petitioner said it was engaged in the protection of Islamic religion, culture, tradition, Islamic heritage and places of worship besides protection and promotion of religious, cultural, educational and citizenship rights of the Muslim community.
On March 23, the apex court had sought the response of the Centre and posted the matter for adjudication before a five-judge constitution bench, a batch of petitions challenging polygamy, nikah halala, nikah mutah and nikah misyar practised in the Muslim community as being unconstitutional.
While polygamy refers to the practice of allowing a Muslim man to marry four women during the subsistence of a valid marriage, in nikah halala, a Muslim woman if she chooses to remarry her former husband, she has to marry another man, consummate the marriage, divorce him and thereafter, enter into a fresh wedlock with the first husband.
Nikah mutah and nikah misyar are practices in the community where there is a temporary contractual marriage between a Muslim man and a Muslim woman for a period ranging from three days to three months. After the contract period ends, the woman is paid a certain amount of money.
