Should civilised societies allow Talaq-e-Hasan: SC on practice to divorce Muslim women
The Supreme Court on Wednesday questioned how the practice of Talaq-e-Hasan for divorcing Muslim women can be allowed to continue in a civilised society, reported Bar and Bench.
A bench of Justices Surya Kant, Ujjal Bhuyan and N Kotiswar Singh also noted that the practice may need to be “regulated”, instead of being struck down like instant triple talaq, or Talaq-e-Biddah, reported Live Law.
Talaq-e-Hasan is a practice in which a Muslim man divorces his wife by uttering the word “talaq” once a month over 90 days. The divorce is considered final after the third utterance.
Triple talaq allows a Muslim man to instantly divorce his wife by pronouncing “talaq” three times. The practice was declared unconstitutional by the Supreme Court in 2019.
On Wednesday, the court was hearing petitions against Talaq-e-Hasan, including one filed by journalist Benazeer Heena, who challenged its constitutionality in 2022 on the grounds that it is discriminatory against women.
“What kind of thing is this?” Bar and Bench quoted the court as asking. “How are you promoting this in 2025? Whatever best religious practice we follow, is this what you allow? Is this how a dignity of a woman be upheld? Should a civilised society allow this kind of practice?”
The bench said that as the matter affects society at large, the court may have to...
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