Nikah Halala: The Tussle between Personal Laws and Constitutionality

This paper traces the origins and intended purpose of nikah halala within the realm of Muslim Personal Law, focusing on its practice within the Sunni Hanafi school of thought. Halala originally, intended to establish a safeguard against impulsive pronouncement of divorce, and to protect marital sanctity by mandating a formal process before a divorced couple could lawfully reconcile. Over time, however, the practice has been widely misconstrued, often resulting in detrimental and exploitative consequences for Muslim women. Focusing on the Hanafi school and the broader Sunni tradition, this paper explores the shifting legal, social, and religious interpretations surrounding halala and triple talaq. Through an analysis of the historical context, judicial interventions, and recent statutory reforms, this paper assesses the state's role in mediating between religious autonomy and the protection of individual rights within Muslim personal law.