A Muslim cleric in Bahraich was booked for allegedly not allowing a couple to bury their four-year-old son. While the cleric has been detained, police are investigating if he had objected to the burial as the parents had not undergone “nikah halala” following their divorce through instant triple talaq three years ago.
Under the Islamic nikah halala, the only way a man can then go back to living with his wife after a divorce is if the woman goes through the entire process again – remarry, consummate the second marriage, get divorced, observe the iddat period and then come back to him. The Supreme Court had outlawed instant triple talaq earlier this year.
Fatehullahpur village chief Abdul Khan said Khushbuddin and his wife lost their son after a dog bit him on October 6. The police complaint, however, was filed on Tuesday.
“Khushbuddin took the body to the (village) graveyard to bury him. The cleric Israr Khan objected to the particular space chosen for the burial. He claimed that he had purchased the land. After coming to know about the dispute, local residents arrived and convinced Khan to allow the burial,” said the pradhan, adding that Israr Khan did not ask the couple to undergo “nikah halala”.
Khan said that three years ago, Khushbuddin was working in Gonda, when he gave instant triple talaq to his wife, who was staying in the village, over phone. Two months after later, Khushbuddin returned to live with her. “No one in the village objected or asked Khushbuddin’s wife to undergo halala then. The allegation that Israr Khan had asked them to undergo halala is false,” said Khan.
Police said the FIR was filed on Khushbuddin’s complaint under IPC section 297 (trespassing on burial place)
“We are still verifying the allegation of Israr Khan forcing the couple to undergo halala. The other charges in the case would be added on the basis of the evidences,” said Ramgaon police station station house officer (SHO) Brahm Nand Singh.
Bahraich SP Sabha Raj said, “After coming to know about the matter through media, I directed police to lodge FIR into it. Prima facie we have not found any evidence that the couple was under pressure to undergo for halala. There was dispute over burying the body, which was later allowed. The investigation into the case is still on.”