Triple Talaq, Halala: Muslim Woman Alleges Marital Rape Assault

The inhumane practice appears to be still prevalent in the Muslim community as an incident of triple talaq and halala involving a woman and her brother-in-law came to light in Uttar Pradesh’s Shahjahanpur.

SHAHJAHANPUR, UTTAR PRADESH | Updated: 13 November, 2022 11:37 pm IST
UP Police filed a FIR against five members of a Muslim family, along with a cleric for the barbaric gang rape of a woman

It has been three years since the country’s Parliament made triple talaq illegal. But the inhumane practice appears to be still prevalent in the Muslim community as an incident of triple talaq and halala involving a woman and her brother-in-law came to light in Uttar Pradesh’s Shahjahanpur.

The UP Police filed a First Information Report (FIR) against five members of a Muslim family, along with a cleric, identified as Guddu Haji, for the barbaric gang rape of a woman after she was given triple talaq.

According to the FIR, the woman was married to Salman in the village of Bareilly in 2017. Her husband forced an unnatural physical relationship with her on their first night of marriage.

The woman alleged that her husband threatened to kill her, and tortured and physically assaulted her almost every day. She also alleged that her husband was also having extramarital affairs with other women. One day, when she inquired about his whereabouts, he got furious and vowed talaq three times.

The victim stated that even after giving her triple talaq, he was not ready to leave her, so he approached a ‘Qazi’ (Guddu Haji) to find a solution to the divorce given to her. The Qazi suggested Halala (basically, the process of marrying and getting divorced by someone else) and said that only after Halala could she be accepted as a wife.

The victim was married to her brother-in-law, who was converted to Islam by her in-laws for Halala. Her present husband, Islam, has also physically and sexually assaulted her and is not giving her a divorce.

The woman is the mother of two children. She also claimed that her parents paid lakhs of rupees in dowry to her then-husband and in-laws at the time of their marriage, but Salman continued to make regular demands for financial assistance from her parents.

Unable to bear the torture, the woman finally came forward and reported the whole matter to the police. The police have registered the case under serious criminal charges of gang rape (376 IPC), and unnatural sex (377D IPC), along with sections of the Muslim Women (Protection of Rights on Marriage) Act, 2019, against her in-laws, husband and Islamic cleric. The matter is under investigation, said the police.

Circle Officer Akhand Pratap Singh said, “Police have registered the case according to the victim’s complaint and are investigating the whole matter. We will take the help of the Bareilly police also; the accused will be punished, and justice will be served soon.”

Incidentally, the Supreme Court eliminated triple talaq in 2017, which allowed a Muslim man to divorce his wife by uttering talaq three times. Prior to the Supreme Court decision, India was one of just a few countries that allowed triple talaq.

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