Delhi7 minutes ago
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Supreme Court has agreed to hear Talaq-e-Hasan. On Monday, the petitioner’s lawyer Pinky Anand told that the petitioner (Benazir) has received 3 divorce notices. He had filed the petition on May 2, but till now the hearing has not taken place. After which the bench of Chief Justice NV Ramana said that its hearing will be held after 4 days i.e. on July 22. The first notice was sent to Benazir by her husband on April 19. After this, by sending the second and third notices in May, June, they were divorced under Talaq-e-Hasan.
In the petition, Benazir demanded that Talaq-e-Hasan be declared unconstitutional as it was against the rights of Muslim women. According to him, the rules of this divorce violate Articles 14, 15, 21 and 25 of the Constitution.
divorced due to domestic dispute
She told that she was married in 2020 to Yusuf Naki, a resident of Delhi. They also have a 7 month old baby. In December 2021, her husband had thrown her out of the house after a domestic dispute. For the last 8 months, their conversation was closed. But now suddenly divorced.
Supreme Court had banned talaq-e-biddat
The Supreme Court on 22 August 2017 declared that it is unconstitutional to break the marriage by saying only triple talaq. This process, called talaq-e-biddat, was also said by most of the Muslim Ulemas that it is not according to the Quran.
Three ways to divorce in Islam
- The first is Talaq-e-Ahsan, according to Islamic scholars, in this, the husband can divorce the wife when her periods are not going on. During this divorce, the wife lives for 3 months under the same roof, which is called iddat. If the husband wishes, he can withdraw the divorce after 3 months. If this does not happen then the divorce is done forever. But husband and wife can remarry.
- The second is Talaq-e-Hasan, in which the husband can divorce the wife on three separate occasions by saying/writing talaq. That too when she doesn’t have her periods. But before the end of iddat, there is a chance to return the divorce. The marriage remains in force until the third time talaq is pronounced, but terminates immediately after it is spoken. Even after this divorce, husband and wife can remarry. But the wife has to undergo halala (second marriage and then divorce).
- The third is triple talaq or talaq-e-biddat, in which the husband can divorce his wife by writing at any time, place, over the phone. Thereafter the marriage breaks up immediately and cannot be taken back. However, it has been legally abolished.
Benazir wants the well being of crores of Muslim girls
Benazir, in his petition, has demanded that the Supreme Court declare talaq-e-hasan and all other forms of talaq unconstitutional. Along with the repeal of Section 2 of the Shariat Application Act, 1937, the Resolution of Muslim Marriage Act, 1939 should also be completely repealed, as all these are completely in accordance with Articles 14, 15, 21, 25 and decisions of the United Nations Summits. are against.