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<\/a><\/a>Source:- freepressjournal.in<\/a><\/a><\/p>\n\n\n\n The\n All India Muslim Personal Law Board (AIMPLB) moved the Supreme Court on\n Monday seeking impleadment in petitions challenging constitutional \nvalidity of polygamy and ‘nikah halala’ practised among Muslims.<\/p>\n\n\n\n The\n apex court has already dealt with the issue of these practices in its \nverdict of 1997 in which it had declined to entertain the petitions, it \nsaid.<\/p>\n\n\n\n “That personal laws do not derive their validity on the \nground that they have been passed or made by a legislature or by other \ncompetent authority. The fundamental source of personal laws are their \nrespective scriptural texts,” the AIMPLB plea said. <\/p>\n\n\n\n “The \nMohammedan law is founded essentially on the holy Quran and the Hadith \nof the Prophet Mohammed and thus it can’t fall within purview of \nexpression ‘laws in force’ as mentioned in Article 13 of the \nConstitution and hence its validity cannot be tested,” it said.<\/p>\n\n\n\n While\n polygamy allows a Muslim man to have four wives, ‘nikah halala’ \nstipulates that a Muslim woman, who wants to remarry her husband after \ndivorce, has to first marry another man and get divorce from him after \nconsummating the marriage.<\/p>\n\n\n\n The apex court had in 2018 decided to examine the constitutional validity of the two practices.<\/p>\n\n\n\n In\n March 2018 it issued notices to Union ministries of Law and Justice and\n Minority Affairs as well as the National Commission of Women (NCW) \nafter taking note of the plea of Delhi-based woman Nafisa Khan \nchallenging the practice of polygamy and ‘nikah halala’, and said that \nthe matter will be taken up a five-judge Constitution bench.<\/p>\n\n\n\n The \napex court had also considered the submission that an earlier five-judge\n constitution bench, in its 2017 verdict, had kept open these issues \nwhile quashing triple talaq.<\/p>\n\n\n\n By a majority of 3:2, a five-judge \nConstitution bench, on August 22, 2017 banned the 1,400 year-old \npractice of instant ‘triple talaq’ among Sunni Muslims and set it aside \non several grounds including that it was against the basic tenets of the\n Holy Quran and violated the Islamic law Shariat.<\/p>\n\n\n\n On March 14, \n2018 Khan had moved the apex court saying that by virtue of Muslim \nPersonal Law, section 494 of IPC (marrying again during lifetime of \nhusband or wife) was rendered inapplicable to this community and no \nmarried Muslim woman has the avenue of filing a complaint against her \nhusband for the offence of bigamy.<\/p>\n