Law Commission Seeks Clarity From Muslim Body On Nikah Halala, Muta, Minimum Age For Marriage As Per Islamic Law

The Law Commission has asked the All India Muslim Personal Law Board (AIMPLB) to clearly state its position on nikah halala and muta, two controversial forms of marriage.

Additionally, the Commission has asked for clarification on the minimum age for marriage according to Islamic law.

During a two-hour-long meeting on Thursday (24 August), Law Commission chairman Justice (retired) Ritu Raj Awasthi posed these queries to an 11-member delegation of the AIMPLB, led by its president, Maulana Khalid Saifullah Rehmani.

These questions hold significance as several Muslim women have filed petitions in the Supreme Court against nikah halala and muta, seeking a prohibition on both forms of marriage.

Muta is a consensual short-term marriage with a specific duration for matrimony and divorce.

On the other hand, nikah halala is often imposed on a woman who has been divorced three times by her husband, after which the spouses seek to reunite.

This practice is closely tied to instant triple talaq, which was declared invalid by the Supreme Court in 2017.

This practice involves a woman who has received three instant divorces being asked by certain clerics to undergo a temporary marriage to another man followed by divorce, before being allowed to resume her marital life with her former husband.

The AIMPLB delegation also believed that the commission was making "an issue out of a non-issue" in regards to muta. They stated that this practice is not commonly practised in the country.

Regarding the government's proposal to raise the minimum age for marriage to 21 years, the board reiterated that the Muslim community already follows the existing law on this matter.

They explained that Islam allows marriage when individuals reach adulthood in order to prevent premarital relations. However, they acknowledged that in modern times, early marriage is often influenced by socio-economic factors.

The delegation member highlighted that early marriage is not specific to Islam and is often driven by poverty, as families want to reduce their financial burden.

The AIMPLB delegation emphasised that individuals who have issues with personal laws can choose to solemnise their marriage under the Special Marriage Act, which is a secular law. For such marriages, the Indian Succession Act will be applicable.

The AIMPLB delegation strongly reiterated their opposition to the proposed Uniform Civil Code, emphasising that Shariah cannot be subjected to debate.