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Supreme Court Challenges Talaq-e-Hasan: ‘How is This Allowed in Modern Society?’
The Supreme Court of India has raised serious concerns over Talaq-e-Hasan, a controversial Islamic divorce practice, asking whether it has a place in modern society. During a hearing on a plea by a Muslim woman, Justices S.K. Kaul and M.M. Sundresh questioned its fairness, stating, “How is this allowed in modern society?”
What is Talaq-e-Hasan?
Talaq-e-Hasan is a Sunni Muslim divorce method where a man can divorce his wife by saying talaq once a month for three consecutive months. Unlike the banned triple talaq (declared unconstitutional in 2017), this method remains legal under the Muslim Personal Law (Shariat) Application Act, 1937.
Critics argue that the practice is gender-biased, giving men unilateral power while leaving women without financial security or legal recourse.
Supreme Court’s Strong Stance
The bench questioned whether Talaq-e-Hasan violates Articles 14 (equality) and 21 (right to dignity) of the Indian Constitution. The court remarked, “When you say it’s a matter of faith, we have to see if it is legally permissible.”
The petitioner, a Kerala woman, shared how the sudden divorce left her without maintenance, highlighting the emotional and financial toll of such laws.
Past Legal Battles & Gender Justice
In 2017, the Supreme Court banned triple talaq, calling it unconstitutional. However, Talaq-e-Hasan was left untouched, as it involves a longer process. Now, legal experts debate whether the court will extend the same scrutiny to this practice.
Political & Public Reactions
The case has reignited discussions on the Uniform Civil Code (UCC), with the BJP advocating for uniform laws and Muslim groups defending religious autonomy.
Women’s rights activists applaud the court’s intervention, while conservative bodies like the AIMPLB argue that reforms infringe on religious freedom.
What’s Next?
The Supreme Court has sought responses from the Centre and AIMPLB. A ruling against Talaq-e-Hasan could reshape Muslim personal law and push India closer to a UCC.
The verdict will be pivotal—not just legally, but for millions of Muslim women seeking justice.
Stay updated on this landmark case with NextMinuteNews.
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