New Delhi: Supreme Court has recently said that the practice of Talaq-e-Hasan for divorcing Muslim women is not prima facie improper.
Hearing a petition challenging the practice of Talaq-e-Hasan, a bench of Justices Sanjay Kishan Kaul and MM Sundresh observed that the practice of divorce in Muslims through ‘Talaq-e-Hasan’ is different from triple talaq as the women also have an option of ‘khula’.
In Islam, a man can take "talaq", while a woman can separate with her husband through "khula".
In triple talaq, a Muslim man can divorce his wife by merely verbally uttering the word “Talaq” three times.
What is Talaq-e-Hasan?
Talaq-e-Hasan is a practice in which a Muslim man divorces his wife by uttering the word “talaq” once a month over 90 days. If cohabitation does not resume during this period, the divorce gets formalised after the third utterance in the third month.
What is Khula?
Khula is a procedure through which a Muslim woman can give divorce to her husband, by returning the mehr or something else that she received from her husband or without returning anything, as agreed by the spouses or Qadi's decree depending on the circumstances.
