UNDERSTANDING HALALA: SECTARIAN VIEWS AND JURISTIC IMPLICATIONS IN ISLAMIC LAW

By
NIMRA ASHRAF
(BA-LLB Hons. LUMS, Advocate enrolled in Lower and Trial Courts)

1. Introduction:

Under Islamic Jurisprudence, the concept of halala involves a practice where a woman, after receiving an irrevocable divorce (Talaq-e-Bain) from her husband, must marry and consummate a marriage with another man to be eligible to remarry her first husband. While the Quran doesn’t specifically mention Halala or Nikah Halala, the concept is found in verse 230 of Surah Baqarah[1] as,

“And if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him. And if the latter husband divorces her [or dies], there is no blame upon the woman and her former husband for returning to each other if they think that they can keep [within] the limits of Allah. These are the limits of Allah, which He makes clear to a people who know.”

Originally, the purpose of Halala was to discourage men from divorcing their wives impulsively. By making it harder for a man to remarry his wife after a third divorce, Islamic law intended to promote careful decision-making and prevent rash divorces. The requirement of an intervening marriage was meant to act as a safeguard against casual divorces, forcing men to think seriously before issuing a final, irrevocable divorce.

However, while Halala was designed to protect the integrity of marriage, its practice has evolved in troubling ways. It has now widely become an unlawful activity. There is a lot of confusion regarding the conditions under which the halala can be performed, the requirements of a valid halala, and the purpose of halala. This article seeks to clarify the conditions and requirements of Halala as interpreted by various Islamic jurists and schools of thought and to explore its exploitation in modern times, with recommending ways to curb this exploitation.

2. Sectarian Interpretation of Halala

2.1 unni Schools:

2.1.1 Conditions:

There is a consensus among the schools regarding the conditions under which a valid Halala nikkah can be performed. All four Sunni Schools recognize the three types of talaqs: Ahsan, Hassan, and Bidat. However, talaq-e-biddat is considered makruh (disapproved) by the Hanafi, Maliki, and Hanbali schools, but it is considered valid, nonetheless. These talaqs become irrevocable if they are not revoked by the husband during iddat period. Once the divorce becomes effective, the husband cannot remarry his wife unless the wife contracts a valid nikkah with another man, consummates the marriage, and then gets separated. Thus, the first condition for a valid halala is that the spouses should be divorced, and divorce should have become effective. Secondly, only when a divorcee marries another man and owing to his death or divorce is separated from him, it is permissible for her to remarry her first husband after the completion of the iddat period. If the first husband again divorces her, she will again have to undergo halala nikkah to remarry her former husband.

2.1.2 Requirements:

First and foremost, according to the Hanafi, Shafi, and Hanbali Schools, the person who marries the woman (muhallil) should need not be an adult but should be capable of having sexual intercourse.[2] Whereas, according to the Maliki School, the muhallil needs to be an adult. Maliki School also says that the muhallil lawfully consummates the marriage and should not have sexual intercourse with the woman when they are fasting in Ramadan, or when she is having menses or nifas (vaginal discharge of blood after childbirth). According to Maliki School, nifas can last for a maximum of sixty days.[3]

Secondly, according to the Maliki and Shafi’i school, if tahlil (an act that makes a woman halal for her previous husband) is included in the marriage contract, the contract becomes void ab initio.[4] The Maliki School goes one step ahead to say that even if tahlil is only intended and not expressly mentioned in the contract, even then the nikkah is void ab initio. However, according to the Hanbali School, if tahlil is added as a condition to the nikkahnama, for instance, if the muhallil says that the sole reason I am marrying you is to make you halal for your divorcer, the condition is void but the contract is valid.[5] Hanafi schools have adopted a similar approach and have further added that if the women are afraid that the muhallil will not divorce her after tahlil, it is permissible for her to set the condition that I will only marry if I am given the right to divorce.[6] The muhallil needs to agree to this condition. Both the condition and the resulting marriage contract are considered valid by the Hanafi school and the woman can divorce herself whenever she wants. However, if the muhallil sets the same condition for nikkah i.e. woman will have the right to divorce herself, then such condition is void by the contract is valid. While Hanafi school considers halala nikkah as makruh, the remaining schools have declared it haram and the muhallil and the woman are considered to be committing zina.

According to Imam Abu Hanifa, khula constitutes as proper talaq and not faskh-e-nikkah.[7] However, it constitutes one talaaq. The husband has the authority to give two more talaqs if the couple remarries. Imam Shafi in some instances interpreted khula as talaq and in other instances interpreted it as faskh-e-nikkah.[8] However, it is reported that in his last saying, he declared khula equivalent to one talaq. This means if a wife obtains khula and then decides to go back to her former husband, she is not required to do halala nikkah. Similarly, mubarat (divorce by mutual consent) is also considered a single irrevocable divorce. As Sunni law applies in Pakistan, this principle was also enshrined in section 7(6) of the Muslim Family Law Ordinance, 1961 which says:

‘Nothing shall debar a wife whose marriage has been terminated by talaq effective under this section from remarrying the same husband, without an intervening marriage with a third person, unless such termination is for the third time so effective.’

This principle was also upheld in the landmark judgment of Saleem Ahmad v. Government of Pakistan through the Attorney General of Pakistan.[9] The Federal Shariat Court ruled that ‘khula’ and ‘mubarat’ (divorce by mutual consent) are equivalent to a single irrevocable talaq and the spouses can enter into a fresh nikkah without contracting an intermediary halala nikkah. A similar view was adopted in Fazli-E-Subhan v. Mst. Sabereen and 3 Others.[10]

All schools unanimously agree that spouses become haram for each other after the triple talaq becomes effective and it is not permissible for them to live together. This principle was also uplifted in the case of Ghulam Muhammad and Another v. The State.[11] In this case the petitioner Ghulam Muhammad confessed before the judge that he had divorced his wife, but they were still living together. No halala nikkah had taken place. The Federal Shariat court ruled that: “… cohabitation between the appellants after the divorce would amount to commission of Zina.”[12]

According to the Hanafi school, divorce which is pronounced under duress, voluntary intoxication, fraud, undue influence, and compulsion is valid. However, Hanafi school says that talaq is invalid it is given under involuntary intoxication. As for the other schools, the free consent of the husband when pronouncing talaq is mandatory. As per the sunni schools, the talaq can be either oral or written but it needs to be expressed clearly. If the above-mentioned requirements of a valid talaq are met and it is pronounced three times, then halala nikkah is required for the couple to get back together.

2.2 Shia Schools:

The broader concept of halala in Shia schools overlaps with the Sunni schools. According to all schools of thought, “whatsoever be the case, when a divorcee marries another man and is separated from him, either due to his death or by divorce, and completes the iddah, it becomes permissible for the first husband to contract a new marriage with her.”[13] However, it dissents where the question related to implementation and validity of triple talaq surfaces which mainly depends on the procedure of divorce and the extent to which triple talaq is accepted and considered valid under shia fiqh. This is because, in the general understanding of halala, it only takes place when a divorce given is valid and made effective thrice.

2.2.1 Conditions:

There are several rules regarding divorce, the divorcee, and the manner in which talaq is pronounced that must be followed for a valid divorce. According to shiite, a divorce should only be either in express or delegated form.[14] A divorce performed in any other form, is considered void. Shias do not recognize the idea of oral talaq pronounced thrice consecutively[15] and consider it null. Moreover, “a Talaq pronounced under compulsion, coercion, undue influence, fraud, or voluntary intoxication is void and ineffective”,[16] and it must be intended. Divorce given unintentionally or in jest is also invalid. Additionally, oral talaq is preferred over written, except when a husband is unable to speak, or else it will be void. Here this oral pronouncement of talaq should be done in the presence of two witnesses.[17] Absence of either one of them will render the divorce invalid. Lastly, for a valid divorce, the divorcee needs to be free of menses or nifas and in the period of purity when talaq is given to her.[18] In these conditions, a divorce stands valid.

Thus, considering the discussion above, we deduce that halala cannot be done unless the talaq given each time is valid and has to be given thrice separately, unlike sunni schools. For this Shiite place reliance upon Quranic verses 2:229, 230.[19]

2.2.2 Requirements:

Several requirements should be fulfilled for a valid halala. The muhallil must be an adult, in a sane state. Secondly, marriage must be consummated by him in a lawful manner as prescribed under shia fiqh i.e. in the absence of menstruation, nifas and fasting. However, most Imami jurists are less stringent about stipulations on intercourse. Even unlawful consummation is adequate for tahlil. Third, if the marriage contract stipulates tahlil as a condition then the condition is void and the contract is valid. This type of contract is acceptable for shias after the exercise of which a wife becomes halal to her former husband. Nevertheless, unlike Sunni schools, Shias are of the opinion that a woman is made permanently haram if “she is divorced nine times in the talaq al-iddah form” whereby a husband pronounces talaq on his wife, gets back to her during iddah, copulates with her and then divorces her again when she is observing period of purity. Here having intercourse during iddah is the most important condition. This is repeatedly done thrice after which a muhallil does the tahlil, and the couple remarries. But under shia fiqh, a very strict measure is taken into account when this practice reaches ninth talaq al-iddah. The completion of the ninth talaq al-iddha renders the woman haram for that man permanently. In case the divorce does not constitute talaq al-iddah, then the wife does not become haram for a husband. In such a scenario, a woman becomes halal to her husband after each tahlil marriage irrespective of how many divorces are given to her.

3. Interpretation by Independent Jurists:

In the view of the vast majority of scholars, “the practice of halala or the marriage for the sole purpose of making a woman permissible for her first husband, and then divorcing her, is haram, invalid and against the injunctions of Quran and Sunnah.”[20] Abu Dawood narrated that the Prophet (PBUH) said: “Allah has cursed the Muhallil, and the Muhallal lahu (the first husband).”[21] Ibn Ma’jah narrated from Uqbah ibn Aamir, that the Prophet (PBUH) said: “Shall I not tell you of a borrowed billy-goat.” They said, yes, O Messenger of Allah. He said, “He is al-muhallil. May Allah curse al-muhallil and al-muhallal lahu.”[22] Abd al-Razzaaq narrated that Umar ibn al-Khattaab while addressing the people said: “By Allah, no muhallil or muhallal lahu will be brought to me, but I will stone them.”[23] It was narrated from Aa’ishah, that Rifaa’ah al-Qurazi married a woman and later divorced by pronouncing triple talaq. The woman later married another man, and then came to the Prophet and informed him that she did not have intercourse with the second husband. Prophet understood that she wanted to go back and reconcile with Rifaa’ah, so Prophet said: “No, not until he (the second husband) tastes your sweetness and you taste his sweetness [a metaphor for the consummation of the marriage].”[24] Shaykh ‘Abd al-’Azeez ibn Baaz reported, “This is one of the most abhorrent kinds of falsehood and one of the gravest kinds of corruption. He is in effect a zaani (fornicator or adulterer) because he did not marry her so that she could be a wife to him, and keep him chaste and stay with him… No, rather he came as a borrowed billy-goat, to make her permissible for the one who came before him, by having intercourse with her once, then leaving her... This is the muhallil; his marriage is invalid and is not legitimate, and she does not become permissible for the first husband so long as (the second husband) married her with this intention and for this purpose.”[25] Tahleel marriage remains invalid and prohibited under any or every condition, even if the marriage contract specifically mentions about the condition of tahleel, or even if it does not mention it and the agreement is stipulated before the marriage contract comes into existence, and even if the intention of the second husband remains hidden and nobody gauges it. Ibn al-Qayyim said what matters is the ‘intention.’ No difference of opinion exists on this matter between the scholars, people of Madinah, and the fuqaha. The majority view holds that it is the intention behind the contracts which actually carries the real weight. Once the meaning and intention become clear, the actual words do not matter, and the act of halala is rendered haram.[26]

These ahadiths indicate that tahleel marriages are a major sin. As Ibn al-Qayyim states, “With regard to the Prophet cursing them [the muhallil and the muhallal lahu], this is either saying that Allah, may He be exalted, has cursed them, or it is a supplication for them to be cursed. This indicates that it is haraam.”[27] Thus, under the Islamic Jurisprudence, it is condemned for both a man and a woman to use halala marriages to reconcile and keep getting back together. This destroys the very purpose of marriages. Similarly, a man’s intention to marry a woman solely to make her permissible for his previous wife is considered unlawful and constitutes zina. The practice of halala is only permissible when it occurs unintentionally and in the natural course of events, emphasizing the significance of the parties’ intentions in determining the legality of the practice.

4. Exploitation of Halala:

There is grave exploitation and violation of the concept of halala in today’s age.[28] Some of the common practices of exploitation are given below:

4.1. Commercialization/ Financial Exploitation:

Some religious figures, particularly maulvis, have turned a holy practice like Halala, into a profitable business. Those offering Halala services exploit the already distraught women from their divorces. These maulvis marry women for a single night, consummate the marriage and divorce them, all for hefty fees.[29] This exploitation is also fueled by online platforms that bring vulnerable women together with men who misuse the system by pretending that they are doing what is just serving the call of God.

This is so widespread and commercialized in certain countries, like the UK, that even in mosques, there are specific rooms set aside for such marriages. One such instance is given by a divorced Muslim woman in UK whereby she had to pay £2,500 to have a halala marriage with a man, who also claimed to have other men with him providing these services.[30]

4.2 Sexual Exploitation:

Some men who use religious legitimacy as a cover have turned the Halala practice into a weapon of sexual exploitation. These men, usually maulvis or Imams, have sexual relation with women after nikah (marriage) but turn them out after consummation. The women are sometimes coerced into sleeping with other men, or blackmailed into remaining in such exploitative relationships. The insidiousness of the fact is that these men get away with rape charges by following the legal game of marriage and divorce.

4.3 Triple Talaq and Forced Halala:

Exploitation occurs not only by religious leaders, also by husbands of women. According to many men, they often pronounce instant divorce (triple talaq) when under stress, intoxicated, or in financial problems and make their wives undergo halala for marriage. In more extreme cases, women have been forced into halala marriages with close male relatives. Things are made worse by the fact that some second husbands choose not to divorce their wives, thereby violating conditions of the halala. Those turning down halala are disowned by society and can even lose custody of children, leaving their only option- compliance. Repeated divorce and remarriage has sometimes been likened to prostitution; women were literally swapped for sexual exploitation under the guise of religion.

5. Recommendations:

The following recommendations can help curb the exploitation of halala:

5.1 Awareness and Education:

Muslim women should be made more aware of their fundamental rights guaranteed in Articles 9, 14, and 25 of the Constitution. The current practice of halala violates the dignity of the woman which is enshrined in and protected by several statutes, on both domestic and International Levels, such as the Universal Declaration of Human Rights,[31] Articles 1, 2, and 16 of The Convention on the Elimination on all forms of Discrimination against women[32] (CEDAW), and Articles 2 and 26 of International Covenant on Civil and Political Rights.[33] These are sufficient grounds to outlaw halala and make it a punishable offense under PPC and MFLO. All the guilty parties which include the former husband, woman, and nikkah registrar should be imprisoned and fined. Muhallil should additionally be punished for rape under section 376 of PPC.[34]

5.2 Strict Enforcement:

It is clear and undisputed that halala is a natural course of the event and it must not be pre-planned, so nikkah registrars should not solemnize nikkahs which are specifically done for this purpose. If they knowingly facilitate such marriages, they should face criminal penalties, including fines, imprisonment, and the revocation of their licenses by the union council.

Moreover, there’s a growing trend of ‘halala fixing’ witnessed today. Authorities, perhaps police, should conduct operations to dismantle halala services and take strict action against the individuals involved, prosecuting them according to the law, since it is in gross violation of Islamic injunctions. In one narration, Prophet (PBUH) cursed those men who married women with the intention of making them lawful for their husbands and also the men who accepted those women after halala marriage.[35]

5.3 Government and Civil Society Involvement:

Halala should not be seen as a means of remarrying the former husband. Society and the government should employ effective ways to create for women an atmosphere where they can fight against injustice, ignorance, and violence caused to them in the name of religion. The Government, Civil Society Organizations (CSOs), and non-governmental organizations (NGOs) should focus more on setting up self-help groups, shelter homes, and other aiding camps to provide shelter and work opportunities to such women and transform them into independent and empowered citizens so that reconciliation with their husbands is not the only way further. Several organizations are already in operation such as the Women Development Department and Punjab Commission on the Status of Women, but more of these should be set up where Muslim women can address and counsel other women to protect them from harmful practices and traditions of domestic violence, nikah Halala, etc.

5.4 Banning Talaq-e-Biddat:

There is an immediate need to ban talaq-e-biddat. This form of talaq enables husbands to divorce their wives in a fit of fury and then distressed wives are compelled to sleep with a stranger under a sham nikkah, to be lawful for her former husband again. It is also used as a tool by husbands to repeatedly divorce their wives and make them work as prostitutes.

5.5 Reforming Divorce Laws:

Pakistani divorce laws are governed by the teachings of the Hanafi School. Under this, a talaq, even if it is pronounced under duress, fraud, undue influence, voluntary intoxication, etc. is considered valid. This is problematic, as it undermines the essence of free will. The free consent of the husband when he is pronouncing talaqs should be a mandatory requirement of a valid divorce. Divorces that are not given by free consent should be declared invalid and hence, spouses should be allowed to live together.

6. Conclusion:

Halala, at its core, was originally introduced as a legal measure to preserve the sanctity of marriage within Islamic law. Unfortunately, in contemporary times, its misuse has severely distorted its purpose, often leading to both the exploitation and abuse of women, particularly in financial terms. When the practice is pre-arranged, it is universally condemned by Islamic scholars, who categorize it as a grave sin. The only way to tackle this problem effectively is through comprehensive legal reforms, heightened public awareness, and strict enforcement of the law. Both governments and religious authorities must take responsibility for protecting the rights of women as well as reconciling with Islamic marriage principles.

Acknowledgement:

[I acknowledge Rameen Moin and Jyesha Ghaznavi for their involvement during the early stages of this work in our undergraduate studies. The paper has since undergone significant development and refinement, and I have led it through to publication.]

Bibliography:

Abu Abdullah ibn Majah, Sunan Ibn Majah: The 6th correct tradition of the Prophetic Sunna (1 edn, Dar Al-kotob Al-ilmiyah 2008) vol 1 ch 11 Hadith no. 1936

Ahsanul Fataawa: 5/154, Saeed <http://www.fatwa.org.au/halaala.html> accessed 27 September 2024

Al-baani, Sunan Abi Dawood, ch 12 Hadith no. 2076 <https://sunnah.com/abudawud/12> accessed 29 September 2024

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Fazli-E-Subhan v Mst. Sabereen [2003] Peshawar 169, [2003] PLD

Ghulam Muhammad v. The State [1994] SC 236, [1993] PLD

Ibn Abi Zayd al-Qayrawani, The Risala - A Treatise on Maliki Fiqh ch 31 <https://www.academia.edu/8676941/The_Risala_A_Treatise_on_Maliki_Fiqh> accessed 27 September 2020

International Covenant on Civil and Political Rights 1966, art 2, 26

Imam Muhammad al-Bukhari, Sahih Bukhari vol 6 ch 67 Hadith no. 5011

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Lawal Mohammed Bani and Hamza A. Pate, ‘Journal of Law, Policy and Globalization’ (2015) vol 42 Dissolution of Marriage (Divorce) under Islamic Law 139

Muhammad Ifzal Mehmood and Salman Farooq, ‘Mediterranean Journal of Social Sciences ‘ (2014) vol 5 Khul’(Redemption) in Islamic Law and Its Practice in Pakistani Courts, A Legal Critical Analysis 294

Muhammad Jawad Maghniyyah, Taharah, Ritual Purity according to the Five Schools of Islamic Law (1st edn, Islamic Culture and Relations Organization 1997) 1 12

Muhammad Jawad Maghniyyah, Divorce according to the Five Schools of Islamic Law (1st edn, Islamic Culture and Relations Organization 1997) 6 6

‘Nikah Halala and Nikah Tahleel’ (2008) 6 <https://www.islamicstudies.info/literature/nikah-halala-tahleel.pdf> accessed 28 September 2024

Pakistan Penal Code (Act XLV of 1860), s 376

Pak lawyer, ‘Halala marriage and its legal/ shariah status’ (Pak Lawyer, 1 February 2020) <https://paklawyer.com/> accessed 26 September 2020

Saleem Ahmad v Government of Pakistan [2014] FSC 43, [2014] PLD

Sunan Abi Dawud, Book 12, Hadith 31 [Online] <https://sunnah.com/abudawud:2076> Accessed: 29 September 2024].

The Convention on the Elimination on all forms of Discrimination against Women 1979, art 1, 2 16

‘Triple Talaq according to Shia and Sunni Scholars’ (2019) <http://ijtihadnet.com/triple-talaq-according-to-shia-and-sunni-scholars/> accessed 25 September 2024

Universal Declaration of Human Rights 1948

Vibha V and Adhish Anilkumar kulkarni, ‘Critical Analysis on Practice of Nikah Halala in the light of India Rape Laws’ [2020] 1(6) Lex Forti 12-16

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[1]. Quran 2:230.

[2]. Jawad Maghniyyah M, Divorce according to the Five Schools of Islamic Law (1st edn, Islamic Culture and Relations Organization 1997) 6 12.

[3]. Jawad Maghniyyah M, Taharah, Ritual Purity according to the Five Schools of Islamic Law (1st edn, Islamic Culture and Relations Organization 1997) 1 12.

[4]. Ibn Abi Zayd al-Qayrawani, The Risala - A Treatise on Maliki Fiqh ch 31 <https://www.academia.edu/8676941/The_Risala_A_Treatise_on_Maliki_Fiqh> accessed 27 September 2024.

[5]. Ahsanul Fataawa: 5/154, Saeed <http://www.fatwa.org.au/halaala.html> accessed 27 September 2024.

[6]. Ibid page 12.

[7]. Muhammad Ifzal Mehmood and Salman Farooq, 'Mediterranean Journal of Social Sciences ' (2014) vol 5 Khul‘(Redemption) in Islamic Law and Its Practice in Pakistani Courts, A Legal Critical Analysis 294.

[8]. Justice Maulan M Taqi Usmani, Islam mein khula ki haqeeqat’ (Main Islamic Pubishers) <https://docs.google.com/file/d/0B-e6qHPbxSdNV0VzTzlMMEtPMGM/edit> accessed 27 September 2024.

[9]. Saleem Ahmad v Government of Pakistan [2014] FSC 43, [2014] PLD.

[10]. Fazli-e-Subhan v Mst. Sabereen [2003] Peshawar 169, [2003] PLD.

[11]. Ghulam Muhammad v. The State [1994] SC 236, [1993] PLD.

[12]. Lawal Mohammed Bani and Hamza A. Pate, ‘Journal of Law, Policy and Globalization’ (2015) vol 42 Dissolution of Marriage (Divorce) under Islamic Law 139.

[13]. Muhammad Jawad Maghniyyah, Divorce according to the Five Schools of Islamic Law (1st edn, Islamic Culture and Relations Organization 1997) 6 12.

[14]. Lawal Mohammed Bani and Hamza A. Pate, ‘Journal of Law, Policy and Globalization’ (2015) vol 42 Dissolution of Marriage (Divorce) under Islamic Law 139.

[15]. Ibid 139 para 2.

[16]. Ibid 139 para 5

[17]. Muhammad Jawad Maghniyyah, Divorce according to the Five Schools of Islamic Law (1st edn, Islamic Culture and Relations Organization 1997) 6 6.

[18]. Ibid 4.

[19]. ‘Triple Talaq according to Shia and Sunni Scholars’ (2019) <http://ijtihadnet.com/triple-talaq-according-to-shia-and-sunni-scholars/> accessed 25 September 2024.

[20]. Pak lawyer, 'Halala marriage and its legal/ shariah status' (Pak Lawyer, 1 February 2020) <https://paklawyer.com/>accessed 26 September 2024

[21]. Abu Abdullah ibn Majah, Sunan Ibn Majah: The 6th correct tradition of the Prophetic Sunna (1 edn, Dar Al-kotob Al-ilmiyah 2008) vol 1 ch 11 Hadith no. 1936.

[22]. ‘Nikah Halala and Nikah Tahleel’ (2008) 6 <https://www.islamicstudies.info/literature/nikah-halala-tahleel.pdf> accessed 28 September 2024.

[23]. Abd al-Razzaaq (6/2650).

[24]. Imam Muhammad al-Bukhari, Sahih Bukhari vol 6 ch 67 Hadith no. 5011.

[25]. Fataawa ash-Shaykh Ibn Baaz (20/277, 278).

[26]. Zaad al-Ma‘aad fi Hadiy Khayr al-‘Ibaad (5/110).

[27]. Zaad al-Ma‘aad fi Hadiy Khayr al-‘Ibaad (5/672).

[28]. Vibha V and Adhish Anilkumar kulkarni, 'Critical Analysis on Practice of Nikah Halala in the light of India Rape Laws' [2020] 1(6) Lex Forti 15-16.

[29]. Ibid 16.

[30]. Athar Ahmad, ‘The women who sleep with a stranger to save their marriage’ BBC News (5 April 2017) https://www.bbc.com/news/uk-39480846 accessed 29 September 2024..

[31]. Universal Declaration of Human Rights 1948.

[32]. The Convention on the Elimination on all forms of Discrimination against Women 1979, art 1,2 16.

[33]. International Covenant on Civil and Political Rights 1966, art 2, 26.

[34]. Pakistan Penal Code (Act XLV of 1860), s 376

[35]. Sunan Abi Dawud, Book 12, Hadith 31 [Online] <https://sunnah.com/abudawud:2076> Accessed: 29 September 2024].