All posts tagged: talaq e hasan divorce

Supreme Court slams Talaq-e-Hasan as ‘gross’, ‘discriminatory’: What is the practice?

Supreme Court slams Talaq-e-Hasan as ‘gross’, ‘discriminatory’: What is the practice?

The Supreme Court on Wednesday slammed Talaq-e-Hasan as a “gross discriminatory” practice, while mulling over striking it down. The SC bench led by Justice Surya Kant noted that this issue goes beyond individual disputes, and concerns the “society at large”.(HT Photo) The top court was hearing a series of petitions, including one by journalist Benazeer Heena in 2022. Heena, in her plea, is seeking the declaration of the practice as unconstitutional, while arguing that it is irrational, arbitrary and violative of Articles 14, 15, 21 and 25 of the Constitution, Bar and Bench reported. A bench led by Justice Surya Kant noted that this issue goes beyond individual disputes, and concerns the “society at large”. What is the Talaq-e-Hasan practice? Why did the SC criticise it? Under the practice of Talaq-e-Hasan, a Muslim man is allowed to divorce his wife by pronouncing “talaq” once a month for three months. The apex court stated that the practice in its present form cannot be allowed to continue in a modern and civilised society, while noting that it …