Supreme Court Agrees to Hear Plea Challenging Muslim Divorce Through Talaq-e-hasan
- INTRODUCTION
The Supreme Court of India has agreed to hear a petition challenging the practice of Muslim divorce known as Talaq-e-Hasan. The matter is scheduled for hearing on 22 July. The petition questions whether the practice violates fundamental rights guaranteed under the Constitution of India. This development has revived the debate on the constitutional validity of religious divorce practices and their compatibility with gender justice. - UNDERSTANDING TALAQ-E-HASAN
Talaq-e-Hasan is a form of divorce recognized under Muslim personal law. Under this method, the husband pronounces “talaq” once during a period of purity (tuhr), followed by two more pronouncements in successive periods of purity. Unlike talaq-e-biddat (instant triple talaq), talaq-e-hasan allows time for reconciliation and is considered a revocable form of divorce until the third pronouncement.
Supporters of the practice argue that it is more reasonable and less arbitrary than instant triple talaq. However, critics claim that it still gives unilateral power to the husband and leaves the wife with limited agency. - THE PETITION BEFORE THE SUPREME COURT
The petition before the Supreme Court challenges talaq-e-hasan on constitutional grounds. It argues that the practice violates Articles 14, 15, and 21 of the Constitution by denying Muslim women equality, non-discrimination, and dignity. The plea also raises concerns about the lack of procedural safeguards and the absence of equal rights for women in initiating divorce.
By agreeing to hear the matter, the Supreme Court has signaled that the issue raises important constitutional questions that require judicial examination. - CONSTITUTIONAL AND LEGAL CONTEXT
The Supreme Court has previously intervened in matters of Muslim personal law when fundamental rights were at stake. In Shayara Bano v. Union of India, the Court declared talaq-e-biddat unconstitutional for being arbitrary and violative of Article 14. The judgment made it clear that religious practices are subject to constitutional scrutiny.
Similarly, in Indian Young Lawyers Association v. State of Kerala, the Court held that customs and traditions cannot override constitutional morality. These rulings suggest that personal laws are not immune from judicial review when they infringe basic rights.
The challenge to talaq-e-hasan therefore fits within the broader constitutional framework that prioritizes individual dignity and gender equality over discriminatory practices. - SIGNIFICANCE OF THE HEARING
The Supreme Court’s decision to hear the plea is significant for several reasons. First, it may clarify the legal status of talaq-e-hasan under Indian law. Second, it could further define the limits of personal law autonomy in a constitutional democracy. Third, the outcome may have a direct impact on the rights of Muslim women, especially in matters of marriage and divorce.
The case also reflects the continuing tension between religious freedom under Article 25 and other fundamental rights. The Court’s interpretation will play a crucial role in balancing these competing interests. - CONCLUSION
The upcoming hearing on 22 July marks an important moment in India’s constitutional journey toward gender justice. By agreeing to examine the validity of talaq-e-hasan, the Supreme Court has reaffirmed its role as the guardian of fundamental rights. The final decision, whenever delivered, is likely to have far-reaching consequences for personal law reform and the constitutional protection of women’s rights in India.
This article has been researched and written by Advocate Aarun Chanda, who practices divorce law in Mumbai and Pune. It is intended solely for academic purposes and should not be construed as legal advice. Readers are encouraged to consult a qualified lawyer or advocate specializing in divorce cases for professional legal guidance.Seeking expert legal guidance?- Contact The Divorce Law Firm today.
