new Delhi. The All India Muslim Personal Law Board (AIMPLB) has additionally filed an intervention petition within the Supreme Court in opposition to the petitions filed in opposition to polygamy and nikah halala. In the applying, the board mentioned that the Supreme Court mustn’t hear petitions in opposition to polygamy, nikah halala, sharia courtroom, nikah mutah.
The Board has mentioned that in 1997 the Supreme Court has already determined that non-public legislation can’t be examined on the basic rights take a look at. The courtroom mentioned that the courtroom can not hear them and it’s a matter of jurisdiction of the legislature. The board has mentioned that these guidelines are derived from the Holy Quran and Hadith. <! –
Let us inform you that another petitions have been filed on this regard, together with BJP chief Ashwini Upadhyay. The petitions said that part 2 of the Muslim Personal Law (Shariat) Application Act, 1937 be declared to be in violation of Articles 14, 15, 21 and 25 of the Constitution, because it acknowledges a number of marriages and nikah halala. The provisions of the Indian Penal Code, 1860 apply equally to all Indian residents. The petition additionally states that 'triple talaq' is a cruelty beneath Section 498A of the IPC.
What is Nikah Hallala?
If you have a look at the provisions of the present Muslim Personal Law, in line with these, if a Muslim lady is divorced and needs to marry once more from the identical husband, then she has to spend one evening by marrying one other man first. This observe known as nikah halala.
Earlier in June final 12 months, Delhi Women's Commission chairperson Swati Maliwal had demanded a provision for banning nikah halala and polygamy within the triple talaq invoice. For this, he wrote a letter to Prime Minister Narendra Modi, saying that nikah halala and polygamy are extraordinarily shameful and inhuman social evils.
Swati Maliwal had mentioned in her letter to Prime Minister Narendra Modi, "First of all, I would like to congratulate you (Narendra Modi) for your efforts to pass laws against social evils like triple talaq." In a civilized society the place ladies and men have equal standing in each facet, there isn’t a place for such practices.