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Nikah Halala: A Sham Marriage In Disguise?




Shivani, LL.B., Campus Law Centre, University of Delhi

ABSTRACT

Time and again the practice of nikah halala has come under the radar of criticism, not only by the aggrieved Muslim women but also by various Human rights organizations globally. Lately, the practice we’re witnessing under the veil of nikah halala is not what the Holy Quran actually permits. Today, it has become a practice which forces a divorced wife to marry a person, have sexual cohabitation with him and subsequently after the latter husband pronounces talaq or dies, she remarries and returns back to her former husband. The present article discusses how nikah halala is antithetical to women’s dignity and the divine grace. These immoral acts against a woman do not only reflect the deteriorating conditions of a vulnerable section of the society but also a major hindrance for the overall progress and development of the nation.

Keywords: Nikah halala, sham marriages, women, marital rape, women’s dignity, fundamental rights, triple talaq.


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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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