“Should Civilised Society Allow This?” — Supreme Court Suggests Abrogating Talaq-e-Hasan

The Supreme Court expressed strong reservations about talaq-e-hasan, a form of divorce in Islamic law allowing a husband to pronounce talaq once a month for three months. The bench questioned whether such unilateral, gender-skewed dissolution is compatible with modern constitutional values such as equality, dignity, and non-discrimination. The Court hinted that talaq-e-hasan may need reconsideration or abrogation, similar to triple talaq earlier invalidated. The Court stressed that personal laws must evolve to align with constitutional morality, especially when they impose disproportionate burdens on women. The matter raises important questions on gender justice, balancing religious freedom with fundamental rights, and judicial engagement with personal laws.