News Highlight
The Supreme Court prima facie observed that the Muslim personal law practice of Talaq-e-Hasan is “not so improper”.
Key Takeaway
- The SC said that prima facie, this (Talaq-e-Hasan) is not so improper. Women also have an option; Khula is there.
- Khula means a Muslim woman has the option to divorce by the process of khula by returning the dower (mahr).
What is Triple Talaq ?
- It is the process of divorce under Sharia Law (Islamic law), where a husband can divorce his wife by pronouncing ‘Talaq’ three times.
- This is also called oral talaq.
- The term “talaq” is commonly translated as simply “divorce”.
- Classical Islamic law refers to the husband’s right to dissolve the marriage by simply announcing to his wife that he repudiates her.
- In instant triple Talaq, a man pronounces multiple divorces in one go.
- It has no scope for reconciliation between the couple and often ends a marriage instantly.
What is Talaq-e-Hasan?
- Talaq-e-Hasan is a form of divorce by which a Muslim man can divorce his wife by pronouncing talaq once every month for three months.
What is Talaq-e-Biddat?
- If a man belonging to the religion of Islam pronounces talaq thrice either orally or in written form to his wife, then the divorce is considered immediate and irrevocable.
- The only way to reconcile the marriage is through the practice of nikah halala, which requires the woman to get remarried, consummate the second marriage, get divorced, observe the three-month iddat period, and return to her husband.
The Shayara Bano case
- The Supreme Court in the Shayara Bano case (2017) declared the practice of Triple Talaq (talaq-e-Biddat) unconstitutional.
The Muslim Women (Protection of Rights on Marriage) Bill, 2019
- Offenders and penalties:
- The Bill declares talaq a cognisable offence, attracting up to three years imprisonment with a fine.
- A cognisable offence is one for which a police officer may arrest an accused person without a warrant
- Allowance:
- A Muslim woman against whom talaq has been declared is entitled to seek subsistence allowance from her husband for herself and for her dependent children.
- The amount of the allowance will be determined by the magistrate.
- Custody:
- A Muslim woman against whom such talaq has been declared is entitled to seek custody of her minor children.
- The manner of custody will be determined by the magistrate.
Pic Courtesy: opindia
Content Source: The Hindu