Legal and Quranic Arguments for Invalidating All Forms of Unilateral Talaq in India
The Supreme Court is considering the validity of talaq-e-hasan, a practice where a husband divorces his wife over three months. The article argues that the Quran does not grant men superior status to unilaterally dissolve marriage. Instead, it views marriage as a 'solemn covenant' between equals. The Quranic procedure for divorce involves four distinct conciliatory steps, including arbitration, before a final divorce is pronounced. The author contends that all forms of unilateral divorce, including talaq-e-bid’a and talaq-e-hasan, lack Quranic support and should be struck down to ensure gender justice and constitutional equality.
Key Points
- The Quran uses terms like 'uqdatan-nikah' and 'meesaaqan ghaleezan' to describe marriage as a contract between equals.
- The prescribed Quranic divorce process requires attempts at resolution, temporary separation, and arbitration from both families.
- Unilateral divorce practices are often based on later sectarian traditions rather than the Quran or Hadith.
- Striking down these practices would align Indian law with both constitutional principles and the egalitarian spirit of the Quran.
- The author argues that only the gender-neutral Quranic process of divorce should be retained.
Exam Facts
- Case: Benazeer Heena vs Union of India and Ors. (2025).
- The three-judge SC bench includes Justices Surya Kant, Ujjal Bhuyan, and N. Kotiswar Singh.
- Quranic references for marriage as a solemn covenant: 2:235, 2:237, and 4:21.
Read it. Retain it. Recall it.
Get spaced-repetition flashcards, daily quizzes and offline access — free on Android.