New Delhi: Talaq-e-Hasan, is a form of talaq which is pronounced once a month for over a period of three months. The talaq or divorce in other word gets formalised only after the third utterance in the third month.
Talaq-e-Hasan, is a revocable form of divorce under Muslim personal laws. Talaq-e-Hasan is one of the traditional form of divorce as approved by Prophet Mohammad.
This form of divorce is valid according to all schools of Muslim law.
What happens in Talaq-e-Hasan?
In Talaq-e-Hasan, a man is allowed to pronounce divorce on his wife in three turns over a period of three months.
What is important about Talaq-e-Hasan?
During this period it is essential that a divorce is pronounced when the wife is not menstruating. Also there should be a gap of one month between the three pronouncements. The gap or the duration of these three consecutive talaqs is known as the period of abstinence.
What is iddat?
The duration of abstinence is also known as ‘iddat’ is 90 days or three menstrual cycles or three lunar months.
It is said that during this period if couple starts cohabitation or intimacy then the divorce is assumed to be revoked.
The main motive behind such kind of divorce was to gibe couple some time so that divorce doesn’t become final at once.
What is Talaq-e-Biddat ?
It was only in 2017 that the Supreme Court declared Talaq-e-Biddat unconstitutional by a five-judge bench of the Supreme Court with a ratio of 3:2 in the case of Shayara Bano v Union of India.
In Talaq-e-Biddat, man pronounces divorce three times in one sitting and the marriage comes to end at one go. This form of divorce wasdeclared unconstitutional on grounds of being arbitrary and against the Quran.
