Talaq-e-Hasan

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News: Talaq-e-Hasan is in news as the Supreme Court hears petitions challenging its validity and questions this practice in modern society.

About Talaq-e-Hasan

Talaq-e-Hasan
Source – BNB Legal
  • Talaq-e-Hasan is a traditional, extrajudicial, revocable Islamic divorce that only men can use under recognised Muslim personal law.
  • It is one of the two subtypes of Talaq-ul-Sunnat and the other subtype is called Talaq-e-Ahsan.
  • Process of Talaq-e-Hasan
    • In Talaq-e-Hasan, the husband pronounces “talaq” once during a period when the wife is not menstruating (tuhr).
    • After this first pronouncement, there is a waiting period until her next menstrual cycle.
    • If reconciliation happens during this time, the divorce process stops.
    • If the couple does not reconcile, the husband repeats the talaq in the second menstrual cycle, and again in the third cycle if separation is still desired.
    • After the third pronouncement, the divorce under Talaq-e-Hasan becomes final and irrevocable.
  • Different from Triple talaq
    • Triple talaq or Talaq-e-Biddat allowed a man to divorce his wife by pronouncing “talaq” three times in one sitting.
    • Triple talaq was banned by the government in 2019 as an instant, irrevocable form of divorce.
    • Unlike triple talaq, Talaq-e-Hasan has a waiting period and allows reconciliation before divorce becomes final after the third pronouncement.
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