Latest news with #Talaq-e-Hasan
India Today
7 hours ago
- Politics
- India Today
What is Talaq-e-Hasan, Muslim divorce form being challenged in Supreme Court?
Eight years after the Supreme Court outlawed instantaneous triple talaq or Talaq-e-Biddat, it is now examining the validity of Talaq-e-Hasan, another form of triple talaq in which a Muslim man can divorce his wife by saying "talaq" once a month for three petitioner, Ghaziabad-based journalist Benazeer Heena, argued in 2022 that the practice is "discriminatory" since only men can exercise it, and sought a declaration that it is unconstitutional as arbitrary and violative of Articles 14, 15, 21, and 25 of the her plea, Heena also alleged that the unilateral talaq process causes "gross affront to the dignity of women" and undermines their right to equality and to life with Supreme Court has now asked the National Human Rights Commission (NHRC), National Commission for Women (NCW), and the National Commission for Protection of Child Rights (NCPCR) to provide their opinions on Talaq-e-Hasan.A bench of Justices Surya Kant and Joymalya Bagchi is hearing nine petitions related to the issue. The matter has been listed for November, according to Live TALAQ-E-HASAN IS DIFFERENT FROM OTHER DIVORCE FORMS UNDER SHARIAadvertisementTalaq-e-Hasan is one of the two subtypes of Talaq-ul-Sunnat. The other type of divorce under Talaq-ul-Sunnat is the now-outlawed instant triple talaq was supposed to have been pronounced by a Muslim man upon his wife if he spelled out the word 'talaq' (meaning divorce) three times in one instance and in one sitting, Talaq-ul-Sunnat is supposed to give time for such decisions. 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 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 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 the third pronouncement, the divorce under Talaq-e-Hasan becomes final and 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 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 Talaq-e-Ahsan and Talaq-e-Hasan are exclusively initiated by men, Mubarat can be initiated by either spouse but requires mutual is the only form of divorce exclusively initiated by women among the four types of divorce in a Muslim 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' 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 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
Time of India
17 hours ago
- Politics
- Time of India
Supreme Court seeks three rights panels' views on Talaq-e-Hasan plea
NEW DELHI: Supreme Court on Monday sought views of National Human Rights Commission (NHRC), National Commission for Women (NCW) and National Commission for Protection of Child Rights (NCPCR) on petitions by nine Muslim women challenging the validity of Talaq-e-Hasan, which enables a Muslim man to unilaterally divorce his wife by pronouncing talaq once a month for three consecutive months. Eight years after a constitution bench struck down the practice of triple talaq (Talaq-e-Bidat) or instant divorce by a Muslim man by orally pronouncing 'talaq' thrice in one go, a bench of Justices Surya Kant and Joymalya Bagchi took up the petitions, six of them filed in 2022 and the rest in 2023, challenging the validity of Talaq-e-Hasan mode of divorce. While allowing all intervention applications, the bench gave liberty to parties to file authoritative sources from books or scriptures to substantiate their pleas. "We feel that opinions of NHRC, NCW and NCPCR should be placed before the court for assistance in adjudicating these petitions," it said, requesting additional solicitor general K M Nataraj to bring on record the views of these national bodies. When senior advocate M R Shamshad termed that these are Sharia law practices, being part of the religious law, and whose reforms should be left to the community and not be regulated by courts, advocate Ashwini Upadhyay said SC had in 2017 struck down triple talaq despite identical arguments advanced in support of it. The bench asked Nataraj to place the views of the national bodies before the SC in four weeks and posted the matter for hearing on November 19.
Hindustan Times
a day ago
- Politics
- Hindustan Times
SC fixes Nov 19-20 for final hearing on pleas against 'Talaq-e-Hasan'
New Delhi, The Supreme Court on Monday fixed November 19-20 for the final hearing of pleas seeking declaration of "Talaq-e-Hasan" and all other forms of "unilateral extrajudicial divorce" as unconstitutional. SC fixes Nov 19-20 for final hearing on pleas against 'Talaq-e-Hasan' Talaq-e-Hasan is a form of divorce among Muslims through which a man can dissolve the marriage by pronouncing the word "talaq" once every month over a three-month period. A bench of Justices Surya Kant and Joymalya Bagchi, while fixing the date for final hearing on a batch of pleas, including petitions by victims and other aggrieved parties, sought the views of National Commission for Women , National Human Rights Commission and National Commission for Protection of Child Rights . When the bench enquired about Centre's view, its counsel Ashwini Kumar Upadhyay said it had not file any counter affidavit in the matter as such but given views in Triple Talaq case in which they have opposed all forms of "unilateral extrajudicial divorce". The top court allowed all the intervention applications and said they could assist the court in the hearing. "If there is any material including some books or scriptures that may be produced. An opinion of the NCW, NHRC and NCPCR should be on record for proper assistance. We request ASG K M Nataraj to seek instructions and ensure that their opinions are brought on record," the bench said. When one of the counsel appearing for opposing parties said there could be issues of maintainability and locus of petitioners challenging the Talaq-e-Hasan, the bench said the victims and aggrieved parties were before it and there couldn't be an issue over locus standi and maintainability as a result. "We should not be worried about technicalities at this stage. There are individuals who are affected and are before this court. We will look into it,' the bench said, adjourning the matter. The apex court was hearing nine petitions, including the one filed by Ghaziabad resident Benazeer Heena, claiming to be aggrieved by Talaq-e-Hasan. They have also sought a direction to the Centre to frame the guidelines for gender and religion-neutral and uniform grounds of divorce and procedure for all citizens. The top court had previously impleaded husbands of the petitioners and sought their replies on the pleas. On October 11, 2022, the top court admitted the pleas challenging the practice and all other forms of unilateral extrajudicial divorce and sought directions to declare them unconstitutional. The top court in August, 2022 said its primary focus was to provide relief to women, who claimed to be victims of Talaq-e-Hasan, before deciding the constitutional validity of this form of divorce. Under Talaq-e-Hasan, a divorce gets formalised after the third utterance of the word talaq in the third month if cohabitation has not resumed during this period. However, if cohabitation resumes after the first or second utterance of talaq, the parties are assumed to have reconciled. This article was generated from an automated news agency feed without modifications to text.
News18
a day ago
- Politics
- News18
SC fixes Nov 19-20 for final hearing on pleas against Talaq-e-Hasan
Last Updated: New Delhi, Aug 11 (PTI) The Supreme Court on Monday fixed November 19-20 for the final hearing of pleas seeking declaration of 'Talaq-e-Hasan" and all other forms of 'unilateral extrajudicial divorce" as unconstitutional. Talaq-e-Hasan is a form of divorce among Muslims through which a man can dissolve the marriage by pronouncing the word 'talaq" once every month over a three-month period. A bench of Justices Surya Kant and Joymalya Bagchi, while fixing the date for final hearing on a batch of pleas, including petitions by victims and other aggrieved parties, sought the views of National Commission for Women (NCW), National Human Rights Commission (NHRC) and National Commission for Protection of Child Rights (NCPCR). When the bench enquired about Centre's view, its counsel Ashwini Kumar Upadhyay said it had not file any counter affidavit in the matter as such but given views in Triple Talaq case in which they have opposed all forms of 'unilateral extrajudicial divorce". The top court allowed all the intervention applications and said they could assist the court in the hearing. 'If there is any material including some books or scriptures that may be produced. An opinion of the NCW, NHRC and NCPCR should be on record for proper assistance. We request ASG K M Nataraj to seek instructions and ensure that their opinions are brought on record," the bench said. When one of the counsel appearing for opposing parties said there could be issues of maintainability and locus of petitioners challenging the Talaq-e-Hasan, the bench said the victims and aggrieved parties were before it and there couldn't be an issue over locus standi and maintainability as a result. 'We should not be worried about technicalities at this stage. There are individuals who are affected and are before this court. We will look into it," the bench said, adjourning the matter. The apex court was hearing nine petitions, including the one filed by Ghaziabad resident Benazeer Heena, claiming to be aggrieved by Talaq-e-Hasan. They have also sought a direction to the Centre to frame the guidelines for gender and religion-neutral and uniform grounds of divorce and procedure for all citizens. The top court had previously impleaded husbands of the petitioners and sought their replies on the pleas. On October 11, 2022, the top court admitted the pleas challenging the practice and all other forms of unilateral extrajudicial divorce and sought directions to declare them unconstitutional. The top court in August, 2022 said its primary focus was to provide relief to women, who claimed to be victims of Talaq-e-Hasan, before deciding the constitutional validity of this form of divorce. Under Talaq-e-Hasan, a divorce gets formalised after the third utterance of the word talaq in the third month if cohabitation has not resumed during this period. However, if cohabitation resumes after the first or second utterance of talaq, the parties are assumed to have reconciled. PTI MNL MNL AMK AMK view comments First Published: August 11, 2025, 17:15 IST Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
News18
2 days ago
- Politics
- News18
Important cases listed in Supreme Court on Monday
Agency: Important cases listed in the Supreme Court on Monday, Aug 11: * SC to hear a plea regarding recall of verdict ordering liquidation of Bhushan Power and Steel. *SC to hear plea relating to ex-minister V Senthil Balaji in cash-for-jobs scam cases. * SC to hear plea to examine challenge to the validity of extrajudicial divorce like 'Talaq-e-Hasan' among Muslims. * SC to hear plea by former Chhattisgarh chief minister Bhupesh Baghel in a criminal case. * SC to hear pleas by politicians Pappu Yadav and Derek O Brien challenging SIR in Bihar. *SC to hear plea by activist Medha Patkar in a defamation case filed by Delhi L-G VK Saxena in 2000. view comments First Published: August 11, 2025, 08:15 IST Disclaimer: Comments reflect users' views, not News18's. Please keep discussions respectful and constructive. Abusive, defamatory, or illegal comments will be removed. News18 may disable any comment at its discretion. By posting, you agree to our Terms of Use and Privacy Policy.
