GS 2: PolityGS 1: Indian SocietyEthics

Invalidate all forms of unilateral talaq, Pg6

Supreme Court questions validity of 'Talaq-e-Hasan', advocating for gender-neutral Koranic divorce process, challenging patriarchal interpretations and ensuring constitutional rights.

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Key Highlights:

  • On November 19, 2025, the Supreme Court questioned the validity of talaq-e-hasan, a divorce practice among Muslim men.
  • The court raised concerns about husbands delegating divorce pronouncements to advocates.
  • The Koran views marriage as a dissoluble contract between equals, not a sacrament.
  • The article suggests the Supreme Court should invalidate all forms of unilateral talaq.

Detailed Insights:

  • Talaq-e-hasan allows a Muslim man to divorce his wife by pronouncing talaq once a month for three months during tuhr (ritual purity).
  • The Supreme Court expressed concern over advocates issuing divorces, questioning the practice's legitimacy in a civilized society.
  • The Koran describes marriage as uqdatan-nikah (bond of marriage) and meesaaqan ghaleean (solemn covenant), implying equality and consent.
  • The Koran outlines a four-step reconciliation process before talaq: private resolution, physical separation, communication of seriousness, and arbitration.
  • The only talaq procedure authorized by the Koran applies to both men and women, prohibiting gender-based discrimination.
  • Talaq-e-bid‘a, talaq-e-hasan, talaq-e-ahsan, and talaq-e-tafweed lack support in the Koran and hadith, originating from patriarchal interpretations.
  • The author argues the Supreme Court should uphold the Koranic process for divorce and make it gender-neutral.

Key Concepts Involved:

  • Talaq-e-hasan: A divorce practice where a Muslim man can divorce his wife by pronouncing talaq once a month for three months.
  • Tuhr: The period of a woman’s ritual purity between menstrual cycles.
  • Uqdatan-nikah: A Koranic term for marriage, meaning the bond of marriage.
  • Meesaaqan ghaleean: A Koranic term for marriage, meaning a solemn covenant between a man and a woman.
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