Archive · 20 Nov 2025
SC Questions Validity of Talaq-e-Hasan
The Supreme Court is looking into a type of divorce called Talaq-e-Hasan, where a Muslim man can divorce his wife by saying 'talaq' once a month for three months.
A journalist named Heena Benazir is challenging this practice because her husband divorced her through a lawyer's letter, which might not be legally valid.
The court thinks this might be unfair to women and is considering changing the law to protect their rights.
Supreme Court hints at abolishing Talaq-e-Hasan
Practice termed 'grossly discriminatory' against women
Journalist Heena Benazir's case: Husband divorced her via lawyer's talaqnama
Court considers referring issue to a larger bench
All India Muslim Personal Law Board allowed to intervene
- Who
- Supreme Court, Heena Benazir, Nazri Nisha, their husbands
- What
- Challenging Talaq-e-Hasan, a form of divorce among Muslims
- When
- Present day
- Where
- India
- Why
- To ensure women's rights and dignity are protected
Traditionalists
Progressives
Respect for Tradition
Traditionalists
Talaq-e-Hasan is a recognized and respected form of divorce under Islamic law and should be allowed to continue.
Progressives
While talaq-e-hasan has historical significance, it may not align with modern legal and constitutional principles regarding women's rights and equality.
- Divorce Type
- Talaq-e-Hasan
- Divorce Process
- Husband says 'talaq' once every month for three months
- Cooling-off Period
- 90 days or three menstrual cycles
- Petitioners
- Heena Benazir, Nazri Nisha
- Court's Consideration
- Referral to a larger Constitution Bench
Sources
After Triple Talaq, Talaq-e-Hasan faces ban: Supreme Court scrutinises the Islamic divorce system
What is Talaq-e-Hasan? Supreme Court mulls invalidation of Muslim divorce practice
SC to examine validity of other talaq practices among Muslims
SC May Refer Talaq-e-Hasan Challenge to Constitution Bench
Talaq-e-Hasan: Should civilised society allow this? SC signals possible move to strike it down
‘What kind of thing is this?’: Supreme Court on Talaq-e-Hasan practice
SC questions validity of talaq
Supreme Court signals move to regulate or strike down Talaq-e-Hasan as discriminatory - Telegraph India
Should civilised societies allow Talaq-e-Hasan: SC on practice to divorce Muslim women
Talaq-E-Hasan divorce explained: Can it be done over WhatsApp? Lawyer answers FAQs