What is Talaq-e-Hasan, Muslim divorce form being challenged in Supreme Court?
Talaq-ul-Sunnat means divorce "according to Sunnah" – the method approved by Prophet Muhammad. In Islam, it is considered the proper, thoughtful way to divorce, giving time for reflection and reconciliation.In Talaq-e-Hasan, the husband pronounces "talaq" once during a period when the wife is not menstruating (tuhr).After this first pronouncement, there is a waiting period until her next menstrual cycle. If reconciliation happens during this time, the divorce process stops.If the couple does not reconcile, the husband repeats the talaq in the second menstrual cycle, and again in the third cycle if separation is still desired.After the third pronouncement, the divorce under Talaq-e-Hasan becomes final and irrevocable.TELANGANA HC UPHELD MUSLIM WOMEN'S RIGHT TO KHULAThe Talaq-e-Biddat or instantaneous Triple Talaq was declared unconstitutional by the Supreme Court in 2017 in the Shayara Bano vs Union of India case.After the verdict, the Muslim Women (Protection of Rights on Marriage) Act, 2019, outlawed the practice, criminalising it with penalties, including imprisonment, to protect Muslim women's rights.While Talaq-e-Ahsan and Talaq-e-Hasan are exclusively initiated by men, Mubarat can be initiated by either spouse but requires mutual consent.Khula is the only form of divorce exclusively initiated by women among the four types of divorce in a Muslim marriage.Holding a Muslim woman's right to unilateral divorce through the Khula form of divorce under the Muslim Personal Law as absolute, the Telangana High Court in its June 25 judgment reignited conversations on marital equality and personal laws. A bench of Justices Moushumi Bhattacharya and BR Madhusudhan Rao delivered the landmark verdict in 'Mohammed Arif Ali vs Smt Afsarunnisa and Another' case.The High Court heard a husband's appeal against a family court order upholding his wife's Khula granted by the Sada-e-Haq Sharai Council. Married in 2012, the wife alleged assault in 2017 and left home. After the husband denied her Khula, the council attempted reconciliation but issued a Khulanama in 2020. He argued the council lacked authority, but the court ruled a woman's right to Khula is independent of her husband's consent and needs no judicial decree unless contested.advertisementWhile Khula is the only form of divorce that can be initiated unilaterally by a Muslim woman, Talaq-e-Hasan is part of Talaq-ul-Sunnat and provides time for the decision, unlike the now-banned instant triple talaq.- Ends
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