Talaq-e-Hasan: Why this Muslim divorce practice is in news

Talaq-e-Hasan is a divorce practice followed by Muslim men to end their marriages by pronouncing Talaq three times within a span of three months.

Recently, a five-judge Supreme Court bench heard a plea against this divorce practice. As per the plea, Talaq-e-Hasan is unconstitutional and regressive as it steps on the fundamental and constitutional rights of women.

Justices A S Bopanna and Vikram Nath, part of a vacation bench, took note of submissions by advocate Ashwini Upadhyay, who had appeared for petitioner Benazeer Heena. The Supreme Court heard the plea on June 17, 2022.


What is Talaq-e-Hasan?
Talaq-e-Hasan is a form of triple Talaq system that leads to divorce in Muslim marriages. It allows a man to divorce his wife by pronouncing ‘Talaq’ three times in a span of three months. This means that if a Muslim man says ‘Talaq’ once a month for three consecutive months, their marriage ends.

Many petitioners have approached the court in the past many years to seek the abolishment of this divorce practice as it violates women’s rights.

Why Do People Want To Abolish Talaq-e-Hasan?
A Muslim woman recently filed a plea in the Delhi High Court for abolishing Talaq-e-Hasan. Her husband served her a Talaq notice in the first week of June, and she moved the court seeking to make the notice void and unconstitutional as it violates her rights.

The plea was also directed at religious bodies, groups, and religious leaders who back the Talaq-e-Hasan system. It seeks to stop religious bodies from forcing the petitioner to act and abide by Talaq-e-Hasan, a part of Sharia law. It also sought protection for the petitioner so that no religious groups and bodies could force her to accept Talaq-e-Hasan.

Many Muslim women reject Talaq-e-Hasan. Many women have faced physical abuse, violence and threats from their in-laws to abide by the system.

The Delhi High Court will again hear the plea of Benazeer Heena on August 18. And the Supreme Court bench will also take the matter into consideration.