Uniform Civil Code: Triple Talaq debate, Polygamy issue, etc.

Practice of talaq-e-hasan not so improper: Supreme Court


From UPSC perspective, the following things are important :

Prelims level: Talaq-e-hasan

Mains level: Triple talaq and related issue

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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