Practice Of Talaq-E-Hasan As “Not So Improper”, Muslim Women Have The Choice Of “Khula”, Says Supreme Court
In 2017, the Supreme Court had taken a much-appreciated decision of ruling the practice of Triple Talaq unconstitutional. The court’s decision brought much relief to the Muslim women in India. However, there is still a similar practice that happens and is called Talaq-E-Hasan. Here, a husband can give divorce his wife by saying “ Talaq” one time for three months. The plea against this practice has been filed by journalist Benazeer Heena. During the hearing of this plea, the Supreme Court stated that the first impression of Talaq-E-Hasan “is not so improper” and also reminded women about the option of “Khula.”
The petitioner of the plea challenged the practice of Triple Talaq on the grounds that it creates a lot of issues for women and children, particularly those who have weaker economic status. The petitioner also stated in her plea that many Islamic countries have made this practice unconstitutional, however, it is still being followed in Indian society. As per reports, the petitioner is a sufferer of Talaq-E-Hasan. In her plea, she has asked the court to make Talaq-E-Hasan and all other “Unilateral Extra Judicial Talaq void and unconstitutional,” as per the report. The petitioner’s lawyer also highlighted the point that while declaring Triple Talaq unconstitutional, the practice of Talaq-E-Hasan went unnoticed.
The plea was heard by the bench of two Supreme Court judges, Sanjay Kishan Kaul and MM Sundresh, on Thursday. As per reports, the judges ruled that prima facie Talaq-E-Hasan is not improper and also not like Triple Talaq. They further stated that the women too have a choice of “Khula.” The bench backed their statements by further stating that they cannot allow the case to become an “agenda” for fulfilling any other motives and also said that they did not agree with the petitioner.
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What do you think of this decision?