Why Is Tripple Talaq legal whereas ‘Talaq-e-Hasan’ Protested?


    Supreme Court on Tuesday sentenced that the custom of divorce in Muslims through “Talaq-e-Hasan”, that is pronounced once a month over a period of three months is not comparable to triple talaq, and the women also have an option for “Khula”.

    In Islam, a man can take the “talaq” and a woman can part with her husband through “khula”.

    The Supreme Court has heard petitions aimed at declaring “Talaq-e-Hasan” and all other forms of “unilateral extra-judicial talaq as void and unconstitutional,” adding that it was arbitrary, unreasonable, unlawful and violated Fundamental Rights.

    But, why is this form of divorce so controversial, and how is it different from the now illegal triple talaq?

    What is Talaq-e-Hasan?

    In Talaq-e-Hasan, Talaq is pronounced once a month for three months, and if the cohabitation is not resumed during that time, the divorce is officially established after the third utterance in three months.

    However, if cohabitation resumes after the first or second utterance of talaq, the parties are deemed to have settled. The talaq’s first and the second utterances are considered invalid.

    This form of divorce has been criticized for years and various petitioners have asked the court to abolish it, saying that it violated the rights of women.

    What is the difference between Talaq-e-Hasan and Triple Talaq?

    So basically there are three main forms of divorce in Islam. Talaq-e-Ahsan and Talaq-e-Hasan. Talaq-e-biddat.

    We have already mentioned Talaq-e-Hasan. Now, Talaq-e-Ahsan is considered the most frowned upon method of dissolving a marriage. “Asan” means best or most correct. Under Talaq-e-Ahsan, the husband must pronounce Divorce while the woman is “chast”, i.e. not menstruating. The divorce is followed by period of Abstinence known as ‘iddat’. The duration is 90 days or 3 menstrual cycles or 3 lunar month.

    When a couple resumes living together and intimacy within the period of iddat, the declaration of divorce is considered revoked. So “talaq-e-ahsan” is revocable.

    On the other hand, if there is no resumption of cohabitation or intimate relation during this period, the divorce will be final and irrevocable.