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Talaq-E-Hasan

Talaq-E-Hasan:

The Supreme Court recently agreed to hear a batch of petitions challenging the practice of talaq-e-hasan as unconstitutional.

  • Talaq-E-Hasan is a type of extrajudicial form of divorce mentioned under Islam that only men can practice.
  • It is a revocable form of divorce.
  • A traditional form of divorce, ‘Talaq-e-Hasan is considered to be approved by Prophet Mohammad and is valid as per all schools of Muslim law.
  • To practice ‘Talaq-e-Hasan, a man needs to pronounce talaq on his wife three turns at intervals of one month.
  • The period of the gap between the three consecutive talaqs is called the period of abstinence or ‘iddat’ and its duration is 90 days.
  • The divorce is assumed to be revoked if the couple begins to cohabit or be intimate during the period of abstinence.
  • Triple talaq or Talaq-e-Biddat was banned by the government in 2019.
  • In Triple talaq, a man can divorce his wife by pronouncing “talaq” thrice in one go.
  • In Triple talaq The divorce is instant and irrevocable.
  • Triple talaq is different from ‘Talaq-e-Hasan as it does not have any waiting period and irrevocably terminates the marriage.