Talaq-E-Hasan
Talaq-E-Hasan
Benazeer Heena v. Union of India and Ors. WP(C) No. 348/2022 (PIL)
The Supreme Court on Tuesday made a prima facie
observation that the practice of divorce through the Muslim personal law
practice of Talaq-E-Hasan, as per which a man can divorce his wife by
pronouncing "talaq" once a month for three months, is "not so
improper". The bench said, “This is not
triple talaq in that sense.”
A bench comprising Justices SK Kaul and MM Sundersh was hearing a writ
petition filed by a Muslim woman challenging the constitutionality of divorce
through "Talaq E Hasan" on the ground that it is discriminatory
against women. It added that women also have the option to end the
marriage through a permitted Islamic practice called Khula. if husband and wife
cannot live together, it can also grant the divorce on the ground of
irretrievable breakdown under Article 142 of the Constitution.
Section 2 of the Sharia Application Law,1937 talks about
Talak-E-Hasan and Khula. Talak-E-hasan is an extra-judicial form of divorce prescribed
in Islam that only men can practice. It is a revocable form of divorce under
Muslim personal laws. These are a traditional form of divorce as approved by
Prophet Mohammad and are valid according to all schools of Muslim law. The
conditions are:
a) Women should not be Mensurating.
b) The gap between each talaq should not be less
than one month.
c) It will become Null and Void if partners
have Sexual Intimacy in this period.
Khula on other hand is a
divorce with mutual consent and at the instance of a wife in which she agrees
to give some consideration to her husband. It is basically a “redemption” of
the contract of marriage. Khula or redemption literally means to lay down. In
law, it means laying down by a husband his right and authority of his wife.
There must be an offer from the wife and the offer must be accepted with the
consideration for the release by the husband.
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