New Delhi. The Narendra Modi government of the country has brought a law against Muslim customs like triple talaq. Since the law was enacted against this custom which violates the rights of women, the cases coming in front of it have almost reduced, but now the case of a ‘Talaq-e-Hasan’ has started raising its head. Actually, a petition has been filed against Talaq-e-Hasan in the Supreme Court. The victim woman has also demanded a ban on Talaq-e-Hasan. The woman claims that she was tortured by her husband and their family members. At the same time, even when she was pregnant, she was physically and mentally tortured.
Let us tell you, the woman who filed the petition against ‘Talaq-e-Hasan’ in the court says that she was married on 25 December 2020 according to Muslim customs. She also has a son from this marriage, but her husband continued to pressurize her for dowry. When the woman refused to do so, she was severely tortured. Later, through a lawyer, the husband divorced her under Talaq-e-Hasan. Regarding this whole incident with herself, the victim woman, while filing a petition, has demanded a ban on Talaq-e-Hasan, calling it arbitrary and irrational. Along with this, the woman also says that it is against Articles 14, 15, 21 and 25.
What is Talaq-e-Hasan?
There are three methods of divorce in Islam. The first is Talaq-e-Ahsan, the second is Talaq-e-Hasan and the third is Talaq-e-Biddat. Out of these three methods, the third method has become illegal talaq-e-biddat. This is what is commonly called triple talaq.
These are the three ways of giving divorce in Islam
Talaq-e-Ehsan- Under this, the husband can divorce his wife when she is not menstruating. It can also be withdrawn during a time period of three months, which is called ‘iddat’. If the period of iddat is over and the divorce is not revoked, then this divorce is considered permanent.
Talaq-e-Hasan- Under Talaq-e-Hasan, talaq has to be given thrice in three months. This divorce can be given either by speaking or in writing. In this also, like Talaq-e-Ehsan, divorce is given only when the wife is not menstruating. In this also, the divorce can be withdrawn before the end of the period of iddat. Under this process, the divorced husband and wife can re-marry, although this is only if the wife marries another person and divorces him. This process is also called ‘Halala’.
talaq-e-biddat- Under this, the husband can divorce his wife by speaking or writing three times in one go. After three divorces, the marriage is considered to be over immediately. However, at present it is illegal to give triple talaq and there is also a provision of imprisonment of up to 3 years for doing so. In this process also the divorced husband and wife could remarry, but for this the process of Halala is adopted.