A five-judge Supreme Court bench recently heard a case challenging the tradition of ‘Talaq-e-Hasan,’ which is often practised in Muslim weddings. The petition sought the repeal of this divorce procedure, calling it unlawful and infringing on women’s rights.
A vacation bench of Justices A S Bopanna and Vikram Nath took notice of the comments of attorney Ashwini Upadhyay, who was representing petitioner Benazeer Heena, that the case needed to be heard as soon as possible. The Supreme Court heard the case on June 17, 2022.
What is Talaq-e-Hasan?
Talaq-e-Hasan is a form of divorce procedure used in Muslim marriages in which a man can divorce his wife by uttering ‘talaq’ three times over the period of three months. This implies that the Muslim male can recite ‘talaq’ once a month for three months, thus ending the marriage.
Talaq-e-Hasan is a type of triple talaq that is used in Muslim weddings. Many petitioners who have addressed the court throughout the years have described this practice as backward, claiming that it infringed women’s basic and constitutional rights.
Why do people oppose Talaq-e-Hasan?
A woman has petitioned the Delhi High Court for action against the practise of Talaq-e-Hasan. The woman claimed that her husband presented her with a talaq notification in the first week of June and that the notice was invalid and unlawful.
The petition further asked religious organisations, entities, and leaders who ‘permit and spread such practises’ not to compel the petitioner lady to follow Sharia Law and accept talaq-e-hasan. It further requested that the police protect her from religious groups and entities in the event that any force is used against her in order for her to accept talaq-e-hasan.
Many Muslim women who have reported abuse and threats by their in-laws under the guise of a divorce through the triple talaq practise are opposing the practise of talaq-e-hasan. The Delhi High Court will hear the petition again on August 18, and the Supreme Court will consider it soon.
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