TALAQ-E-HASAN

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• The Supreme Court of India has observed that the Muslim personal law practice of talaq-e-hasan is “not so improper”.
  • Talaq-e-hasan is a form of divorce; under this system, a Muslim man can divorce his wife by pronouncing talaq once every month over a three-month period.
• The court said that a Muslim woman has the option to divorce by the process of khula by returning the dower (mahr) or something else that she received from her husband or without returning anything, as agreed by the spouses or Qadi’s (court) ruling depending on the circumstances.
• The Court adjourned the case to August 29

Concern raised by Petitioner

• The petitioner argued that talaq-e-hasan and “other forms of unilateral extra-judicial talaq is an evil plague similar to sati”.
• It is arbitrary, irrational and contrary to Articles 14, 15, 21 and 25 and international conventions on civil rights and human rights.
• The practice is “neither harmonious with the modern principles of human rights and gender equality nor an integral part of the Islamic faith”.

Way Forward

• Need to take steps to improve the existing conditions of Muslim women and help them to come out of domestic violence and discrimination they are facing in society.
• Abolishment of discriminatory practices is required to ensure women's empowerment and provide them dignity in society.
• Need to promote “self-reliance, self-respect and self-confidence” in Muslim women and protected their constitutional, fundamental and democratic rights.
• There should be a “gender neutral, religion-neutral, uniform grounds of divorce and uniform procedure of divorce for all citizens”.

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