The Supreme Court has prima facie observed that the Muslim personal law practice of talaq-e-hasan is “not so improper”.
What is Talaq-e-hasan?
- Talaq-e-hasan is a form of divorce by which a Muslim man can divorce his wife by pronouncing talaq once every month over a three-month period.
Why did the apex court say this?
- The SC Bench said a Muslim woman has the option to divorce by the process of khula by returning the dower (mahr) or something else that she received from her husband or without returning anything.
- This can be as per agreed by the spouses or Qadi’s (court) decree depending on the circumstances.
Petitioner’s contention
- The petitioner argued that talaq-e-hasan and other forms of unilateral extra-judicial divorce is an evil plague similar to sati.
- Talaq-e-hasan is arbitrary, irrational and contrary to Articles 14, 15, 21 and 25 and international conventions on civil rights and human rights, the petition submitted.
- There should be a gender neutral, religion neutral, uniform grounds of divorce and uniform procedure of divorce for all citizens, it read.
- The petitioner argued that the practice in question was “neither harmonious with the modern principles of human rights and gender equality nor an integral part of Islamic faith”.
- The practice discriminates against Muslim women as they cannot resort to it against their husbands.
Why in news?
- The apex court, while striking down triple talaq in the Shayara Bano case, did not address the issue of talaq-e-hasan.
- The unilateral practice of divorce was is definitely defies morality.
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