Talaq e Hassan, also known as "Hassan divorce," is a form of divorce recognized in certain Muslim communities. It is a type of "goodwill divorce" that is granted in situations where the husband and wife have mutually agreed to end their marriage on amicable terms.
In a traditional talaq e Hassan divorce, the husband and wife must both agree to the terms of the divorce and work together to come to a mutually satisfactory resolution. This process typically involves mediation and negotiation, with the goal of ensuring that both parties are treated fairly and that any children from the marriage are provided for.
One key aspect of talaq e Hassan is that it is seen as a more humane and compassionate form of divorce compared to traditional talaq, which is a form of divorce that allows the husband to unilaterally end the marriage by simply stating the word "talaq" three times. Talaq e Hassan, on the other hand, requires mutual agreement and cooperation between the husband and wife, and is therefore seen as a more fair and just way of ending a marriage.
There are several benefits to talaq e Hassan for both the husband and wife. For the husband, it allows him to end the marriage without the stigma or social shame that is often associated with traditional talaq. It also allows him to maintain a good reputation within his community, which can be important for both personal and business reasons.
For the wife, talaq e Hassan offers several advantages as well. It allows her to have a say in the terms of the divorce and to negotiate a fair settlement that takes into account her needs and the needs of any children from the marriage. It also allows her to avoid the social stigma and shame that may be associated with traditional talaq, which can be especially important in more conservative or traditional Muslim communities.
Overall, talaq e Hassan is a form of divorce that is seen as a more humane and compassionate way of ending a marriage compared to traditional talaq. It requires mutual agreement and cooperation between the husband and wife, and allows both parties to have a say in the terms of the divorce and to negotiate a fair settlement. While it is not recognized in all Muslim communities, it is an increasingly popular option for couples seeking to end their marriage on amicable terms.
What is Talaq
While a five-judge Constitution bench of the Supreme Court, in Shayaro Bano versus Union of India 2017 categorically struck down the practice of triple talaq as being void, illegal and unconstitutional, the practice of talaq-e-hasan still remains a widely subscribed form of divorce available to a Muslim man. After the first pronouncement of divorce, if there is resumption of cohabitation within a period of one month, the pronouncement of divorce is treated as having been revoked. How To Make Your Talaq Suit Effective: For the procedure of talaq in Pakistan to be effective, he is not to have intercourse with her after the first repudiation. If they go through with the divorce, then God is Hearer, Knower. Herein, in place of a single pronouncement, there are three successive pronouncements. Interpreting equality The petitioners have contended that the retention of talaq-e-hasan as a form of divorce, tramples the mandates of Articles 14 and 15 on the ground that the practice is, inter alia, unilateral.
What should I do after first talaq? It is also largely disapproved by Muslim legal scholars. The petitioner, Benazeer Heena, filed a plea with the top court alleging that her husband practiced Talaq-e-Hasan to divorce her through a lawyer after her family refused to give dowry. Furthermore, the PIL also seeks gender and religiously neutral divorce methods. The divorce is instant and irrevocable. It should be noted that this method of separation is actually Haraam forbidden in Islam, however, if pronounced it is still effective.
The contentions raised in the plea challenging the constitutional legitimacy of divorce via talaq-e-hasan are themselves constitutionally unreasoned and the ramifications of striking down the practice are detrimental, not only to Muslim men, but also to the very mechanism of resorting to extra-judicial divorce. The plea also sought to direct religious groups, bodies, and leaders that "permit and propagate such practices not to force the petitioner woman to act according to the Sharia Law and accept talaq-e-hasan". After the first pronouncement of divorce, if there is resumption of cohabitation within a period of one month, the pronouncement of divorce is treated as having been revoked. If however, he had intended all three to take effect at once, the procedure of talaq in Pakistan will be valid, but it will no longer be the sunnah form. The woman was served a talaq notice by her husband in the first week of June and was seeking that the notice be termed void and unconstitutional. These are traditional form of divorce as approved by Prophet Mohammad and are valid according to all schools of Muslim law.
Know the three practiced modes of ‘talaq’ (divorce) amongst Muslims
Besides talaaq, a Muslim husband can repudiate his marriage by two other modes, that are, Ila and Zihar. Talaq-e-Biddat: Allows men to pronounce talaq thrice in one sitting, sometimes scrawled in a written talaqnama, or even by phone or text message. What is irrevocable talaq? The provisions of the Act never intended to do away with the practice of extrajudicial divorce otherwise available to a Muslim woman. Talaq-e-Hasan is a type of extra-judicial divorce mentioned under Islam that only men can practice. A Muslim wife is also entitled under the Quran to an extra-judicial, unilateral, and absolute divorce mechanism, as is available to the Muslim husband under talaq-e-hasan. But, to a considerable extent, it is contractual in nature because in Muslim Religion, to solemnize valid marriage, parties have to fulfil certain conditions which are also required to be fulfilled to make a valid contract and like a contract, marriage in Muslim religion can also be dissolved by the parties.
Words used for the sunnah form of divorce, that is, talaq Ahsan and talaq Hasan are of two types: nass explicit in the meaning of divorce and dalalah implication; equivocal or ambiguous in meaning. CONCLUSION Thus, it becomes very clear that the contentions raised in the petition challenging Talaq-e-Hasan are themselves unreasonably vague and declaring it unconstitutional will not only affect Muslim men but will also strike down the mechanism for extra-judicial divorce. If the woman is one whose affair is determined by periods, this will amount to a single repudiation if she is in a period of purity in which no intercourse has taken place. Write a short note on Ahsan and Hasan Talaq In Muslim religion, marriage is a socio- religious activity. All personal laws, including the Muslim Personal Laws Shariat Application Act of 1937, draw their powers from Article 25. Its purpose is to ensure, that the male parent of any offspring is clearly identified.
This, essentially, invalidates the challenge based on Articles 14 and 15. Muslim law provides various modes of Talaq and husband can pronounce divorce by any of the modes. Unlike other religions where marriage has been traditionally viewed as a sacrament, under Muslim law, marriage is a civil and social contract. Answers 3 Talaq must be pronounced before Kazi in a Mosque before religious elders and Maintenance for three months must be given to wife as fixed by Kazi. Talaq: is when the man unilaterally gives a divorce to the woman.
But if a husband wants to pronounce the Talaq through this mode then he has to fulfil certain conditions and these conditions are as follows:- a He has to pronounce the divorce in a single sentence b He has to pronounce it in the state of tuhr i. In this mode of Talaq if the divorce is pronounced for the third time, between the same parties reunion after two divorces , it becomes irreversible, until the woman marries some other man and he divorces her or is otherwise released from the matrimonial tie, on account of his death. Talaq- e- Ahsan form: Under this form, once the husband pronounces talaq, there has to be a three-month iddat period to factor in three menstrual cycles of the woman. Talaq-e-Hasan is an extra-judicial form of divorce prescribed in Islam that only men can practice. Nazia Law Associates is an expert law firm to process the procedure of talaq in Pakistan.
What does the Quran say about talaq? What is talaq ul Biddat? A peculiar feature of this Talaq is that it becomes effective as soon as the words are pronounced and there is no possibility of reconciliation between the parties. If she was in her menstrual period or the repudiation was pronounced in a period of purity in which intercourse had taken place, the repudiation will not become effective at once but will become effective when she has passed through another period of menstruation and has attained purity, This is due to use of the word Sunnah, which prevents such repudiation to be transferred to the biddah innovative form. The Hasan form of procedure of talaq in Pakistan, for a wife who is pregnant, is when the husband pronounces a single revocable, repudiation with the knowledge that she is pregnant, waits for the next month and pronounces the second repudiation followed by the third repudiation in the third month. What are the kinds of talaq? Talaq —e-Hasan Proper : In this form too, there is a provision for revocation. However, a concentrated reading of Muslim personal law in light of the Quran and a few judicial precedents will highlight the fact that the above contention suffers from a gross misconception of facts, and a rather flawed understanding of the Constitution, thereby making the plea liable to be dismissed. A Muslim woman can also get a divorce through pronouncements or legal notice under Section 2 of the Muslim Personal Law Shariat Act, 1937.
