After triple talaq, now ‘Talaq-e-Hasan’ came into the limelight, Muslim woman told SC – one rule should be made for all

A petition has been filed in the Supreme Court seeking to do away with ‘Talaq-e-Hasan’ and all other forms of “unilateral extra-judicial talaq” and declare them unconstitutional. The petition claimed that these forms of divorce are arbitrary, irrational and violate fundamental rights. The petition has claimed that ‘Talaq-e-Hasan’ and other such unilateral extra-judicial divorce procedures are arbitrary and irrational and violate fundamental rights.

The petition, filed by Ghaziabad resident Benazir Hina, has sought a direction to the Center to frame guidelines for common ground and procedure for divorce for all citizens. The petitioner has claimed that she has been a victim of “unilateral extrajudicial talaq-e-hasan”. The petitioner claimed that the police and officials told him that talaq-e-hasan is permissible under the Shariat.

What is ‘Talaq-e-Hasan’?

In ‘Talaq-e-Hasan’, once a month over a period of three months is called ‘Talaq’. The talaq is formalized after saying ‘talaq’ for the third time in the third month. The petition has requested that the Supreme Court declare talaq-e-hasan and other forms of extra-judicial divorce as unconstitutional.

The petition, filed through advocate Ashwini Kumar Dubey, said, “The Muslim Personal Law (Shariat) Application Act, 1937, expresses a misconception that the law prohibits talaq-e-hasan and all other forms of ex-parte extra-judicial divorce.” which is highly detrimental to the fundamental rights of married Muslim women and violates Articles 14, 15, 21 and 25 of the Constitution of India and international conventions on civil and human rights.

The petition claims that many Islamic nations have outlawed such practice, while it continues to harass Indian society in general and Muslim women in particular like the petitioner.

What is 3 divorce law?

Under the first triple talaq, a husband used to leave his wife by saying talaq thrice. But now it is illegal. Under the triple talaq law, if a husband leaves his wife by uttering talaq three times, then he can be sentenced to three years in law and the police can arrest without warrant.