Supreme Court begins hearing petitions against Muslim practices of polygamy, nikah halala, others

In what could turn out to be one of the most keenly-watched cases, the Supreme Court reportedly began hearing a clutch of petitions regarding Muslim religious practices like nikah halala and polygamy on 30 August 2022.

The top court sought responses from the National Human Rights Commission (NHRC), National Commission for Women (NCW) and National Commission for Minorities (NCM) before the next hearing in September. The court also issued a notice to the Union government over a petition questioning the constitutional validity of polygamy.

The petition claims that the practice of polygamy allowed under Muslim Personal Law (Shariat) Application Act, 1937 runs contrary to Section 494 of the Indian Penal Code.

The practices of nikah halala, nikah mutah, and nikah misyar have also been questioned before the top court. These practices reportedly pertain to temporary marriage contracts, as well as foregoing of many marital rights like right to housing.

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