Supreme Court and the abrogation of Talaq e Hasan

Introduction

The Supreme Court suggested that it may consider abolishing Talaq-e-Hasan, a form of the triple talaq practice where a Muslim man can divorce his wife by uttering the word “talaq” three times over three consecutive months. The court criticized the practice as being “grossly discriminatory.” 

The PIL also requested guidelines for a gender and religion-neutral process and reasons for ending marriages.

The Supreme Court heard a Public Interest Litigation (PIL) filed by journalist Benazeer Heena in 2022, seeking to declare the practice unconstitutional for being irrational, arbitrary, and violating Articles 14, 15, 21, and 25 of the Constitution.

Talaq e Hasan

Talaq-e-Hasan is a traditional Islamic method of divorce where a husband says “talaq” once a month for three consecutive months, allowing time for reflection and reconciliation between each pronouncement. The divorce is revocable after the first and second declarations, meaning the couple can reconcile and the process stops. If the third pronouncement is made after the waiting period, the divorce becomes final and irrevocable. Unlike instant triple talaq (talaq-e-biddat), which was declared invalid in India for being pronounced three times at once, Talaq-e-Hasan is a gradual process to prevent hasty decisions.

Key features of Talaq e Hasan

1. Not instant

The process of talaq e Hasan, unlike Talaq e Biddat or what we commonly know as Triple Talaq, is not an instant procedure. Rather it gives the party a favourable time to even abolish their decision (around 90 days).

2. Time for Reconciliation

The one thing which is Halal in Islam but is still disliked by Almighty Allah is “Talaq” or “divorce”. 

In the process of Talaq e Hasan, the parties have a time of around 90 days to reconcile. They get this time to reconsider their decision.

3. Revocable

Even after the first and the second pronouncement of the talaq, the divorce can be revoked. It is only final after the third pronouncement. 

Reason of being targeted

The Supreme Court is scrutinizing Talaq-e-Hasan because a series of petitions have challenged the practice as discriminatory and violative of women’s fundamental rights. Petitioners argue that even though Talaq-e-Hasan is slower and more regulated than instant triple talaq, it still gives exclusive unilateral divorce power to men, leaving women with no equivalent right. This, they say, violates constitutional guarantees of equality, dignity, and non-discrimination under Articles 14, 15, and 21. The Court is therefore required to examine whether an extrajudicial divorce method that functions without safeguards or equal rights for both spouses is compatible with India’s constitutional framework.

The Supreme Court has also scrutinized the growing misuse of the procedure, particularly the trend of husbands sending talaq notices through lawyers or third parties instead of personally attempting reconciliation. The Court is worried that what was initially intended as a thoughtful, gradual process has now become a mechanical and sometimes abusive method of abandonment. This has led to doubts about the sincerity of the practice and its continued relevance in Islamic jurisprudence.

Possible outcomes

The possible outcomes of the judgement can be mentioned as follows –

1. Abolishment

The Talaq e Hasan would be abrogated by the Hon’ble Supreme Court.

2. Regulation

The Hon’ble Supreme Court may introduce some regulations in the Talaq e Hasan.

3. Non interference 

The Hon’ble Supreme Court may also leave the process as it is and not interfere in the process of Talaq e Hasan after analysing it’s consequences.

Conclusion

The Supreme Court is reviewing Talaq-e-Hasan due to increasing worries about gender inequality, abuse, and breaches of the constitution. Through this re evaluation, the Court seeks to harmonize religious freedom with the rights of women, guaranteeing that personal laws are in line with contemporary values of respect, equity, and fairness for everyone.