Is Nikah Halala is similar to Adultery?

Home Forums Nikah Halala – In the nature of adultery? Is Nikah Halala is similar to Adultery?

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    • #885
      LAVANITA CHITYALA

      According to Section 497 of the Indian Penal Code,1860 says that if the wife of the husband maintains sexual intercourse with any other married man without his wife and her husband knowing or giving consent to it, is guilty of adultery. Such sexual intercourse does not amount to rape but punished with imprisonment which may extend up to 5 years or with a fine or with both. According to the law, the wife is not punishable as an abettor. In 2018, the Supreme Court declared adultery is no longer a criminal affair.

      Nikah means “marriage” and halala means to make something “halal” or “permissible”. Nikah halala is a practice in which a husband gives divorce to her wife by announcing talaq, talaq, talaq (triple talaq). In order to work on this marriage, the husband makes her wife consume the other marriage, seek a divorce, and then remarry the former husband. This is a lawful way to marry the former husband.

      In Quran, the husband can marry four times in order to maintain the wife and the children equally. If fails, then only one to be maintained. If the husband gives talaq to the wife, he has to go through the above process in order to not say the word “talaq” thrice. This reason will fear the husband and will cease to announce triple talaq casually.

      No, adultery and nikah halala is not similar to each other. Adultery is consummated behind the husband’s back with another man whereas the nikah halala is consummated to remarry the former husband. Adultery is extramarital sex whereas Nikah halala is re-marital sex with the former husband. Adultery is by wife desire whereas Nikah halala is by the husband announcement.

    • #2026
      Intern
      Participant

      The Quran says once a woman is divorced she becomes Haram (Forbidden), yet there stands no sanction for such marriage in the Quran.
      As per the law, Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of adultery.
      And in Nikah Halala, the woman has been divorced by her husband (legally) and then she she marries another man, consummates the marriage (legally) with that person, and gets divorced again in order to be able to remarry her former husband.
      So, it does not get along the line of adultery, as she did not develop any sexual relationship with a man out of her legal marriage.

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