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Explained: What Are Talaq-E-Hasan And Khula? The Divorce Practices Under Muslim Laws

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Last Thursday the Supreme Court made a statement on the two divorce practices under Muslim laws. It brought to light the Muslim divorce practices of Talaq-E-Hasan and Khula. The practices made headlines when a journalist moved to court with a plea to nullify the practice of Talaq-E-Hasan. In response to this, the Supreme Court stated that this practice is not like Triple Talaq and also mentioned that women have the choice of “Khula.” In order to understand the statement and the plea better, the practices should be first understood properly and what rights they give to Muslim men and women.

The Court pronounced Triple Talaq unconstitutional in the year 2017. In the recent plea filed by the petitioner, another divorce practice called “Talaq-E-Hasan” was asked to be abolished. Talaq-E-Hasan is a divorce practice under Muslim Law in which a man can divorce his wife by saying “Talaq”  thrice but only within the time duration of three months. If a man does this, it can simply end the marital relations between him and his wife. So it can be considered somewhat like a Triple Talaq. Under Sharia Law, Muslim women can also be forced against their will to abide by this practice. Religious groups and leaders are more likely to interfere in such matters. This law can prove to distress for Muslim women especially if they come from economically weaker sections. Therefore, the abolition of this practice has been demanded by many Muslim women in recent days.

The practice of “Khula” is another law that gives women some power when it comes to divorce. This practice is not a unilateral way of ending marriages but rather makes it happen with the mutual consent of both parties. The meaning of Khula is to “lay down” before the law. In the practice, a woman is the one who considers the proposal of divorce from her husband. The husband on the other hand gives up his right over the wife and also holds no further authority over her. Also, under the practice of Khula, a woman considers the divorce against compensation that she has to bear and pay to her husband. One essential condition under the practice of Khula is that an offer should be made by the woman. Also, the divorce still remains effective even if the woman fails to provide the compensation agreed by her under the terms. 

Also Read: Practice Of Talaq-E-Hasan As “Not So Improper”, Muslim Women Have The Choice Of “Khula”, Says Supreme Court

Let’s wait for the next hearing on this case.

The Ban On Triple Talaq And Increased Marriage Age Of Women Inspired This Woman From Kerala To Join Politics.

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