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Uttar Pradesh: Nikah Halala ends in gang rape as husband’s brother, Islam, refuses to divorce the woman. Read details

According to reports, the victim woman married Salman five years ago. However, he divorced her under the triple talaq system a few months ago and later desired to have her again in his life. Then, Islamic cleric Guddu Haji suggested that the woman could be accepted as a wife only if she married and was divorced again by someone else.

On Friday, the Uttar Pradesh Police filed an FIR against five persons of a Muslim family and an Islamic cleric identified as Guddu Haji for brutal gang rape of a woman several times after she was given triple talaq. The incident is said to have happened in Shahjahanpur area of Uttar Pradesh. The other persons booked in the case have been identified as Salman, Islam and three of their other family members.

According to reports, the victim woman married Salman five years ago. However, he divorced her under the triple talaq system a few months ago and later desired to have her again in his life. Then, Islamic cleric Guddu Haji suggested that the woman could be accepted as a wife only if she married and was divorced again by someone else. This process in Islam is called Nikah Halala.

The woman in the complaint said that based on the suggestion of Islamic cleric Guddu Haji, Salman made her marry his younger brother named Islam who later refused to divorce her. The duo then raped her. The Police confirmed the incident and said that even after the victim did as she was asked, the younger brother refused to divorce her and both brothers took to raping her.

Additional Superintendent of Police Sanjay Kumar also added that as per the woman she was gang-raped by both Salman and Islam on several occasions. “Based on the complaint we have booked Guddu Haji, Salman, Islam and three of their family members under sections of Gangrape (376 IPC), unnatural sex (377D IPC) along with sections of Muslim Women (Protection of Rights on Marriage) Act, 2019”, he added.

Notably, the complaint was filed by the Police after the woman went to the local court and the court issued orders directing the police to file an FIR in the case. The lady was also admitted to the hospital for a medical examination before being presented before a magistrate to give her a statement.

The Supreme Court eliminated triple talaq in 2017, which allowed a Muslim man to divorce his wife in minutes by uttering talaq three times. Prior to the Supreme Court decision, India was one of just a few countries that allowed triple talaq. The Indian government, led by Prime Minister Narendra Modi, supported the push by Muslim women and activists to criminalize the practice.

All the six accused in the case are absconding and the Police are taking efforts to nab them all. Further investigation in the case is underway.

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