On Monday the All India Muslim Personal Law Board filed a petition in Supreme Court regarding Polygamy and Nikah Halala, the matter is already in the queue in Supreme Court. The All India Muslim Personal Law Board said that Article 25, 21 and 29 of the Constitution give them the right to practice their religion as per what is written in their religious books that is holy Quran and Hadith of Prophet Mohammad, thus they filed the impleadment petition challenging the constitutional validity of polygamy and Nikah halala.
Further, they also added the Mohammedan law has its roots from its sources that are its religious books and not from any legislature that has been passed by any authority. It also mentioned that the Mohammedan law does not fall under the purview of Article 13 as it is derived from the religious scripts and it is not law enforcement and hence its validity cannot be challenged.
The Supreme Court in 2017 has already given its verdict in case of triple talaq by 3:2 which forfeit such practice prevailing in the Sunni Muslims and the above two matters were kept open for further discussion. But the above matter again sparked in 2018 when a Delhi based woman filed a plea questioning the validity of polygamy and Nikah halala in which Supreme Court said that the matter will be seen by the bench of five judges.
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