Invalidate All Forms of Unilateral Talaq

Context:
On November 19, 2025, the Supreme Court of India questioned the constitutional validity of talaq-e-hasan, reopening the debate on unilateral divorce practices in Muslim personal law. An editorial argues that the Court should go further and invalidate all forms of unilateral talaq, aligning divorce practices with Koranic principles of equality and constitutional guarantees of gender justice.

Key Highlights:

Supreme Court’s Observations

• The Court expressed concern over husbands delegating divorce pronouncements to advocates, questioning its legitimacy in a civilised legal order.

• It examined whether talaq-e-hasan violates constitutional morality, dignity, and equality.

Nature of Talaq-e-Hasan

• Allows a Muslim man to pronounce talaq once a month for three months during tuhr (period of ritual purity).

• Divorce becomes final after the third pronouncement, even without the wife’s consent.

Koranic View on Marriage & Divorce

• Marriage described as uqdatan-nikah (bond of marriage) and meesaaqan ghaleean (solemn covenant).

• It is a dissoluble contract between equals, not a sacrament.

• The Koran prescribes a four-step reconciliation process before divorce:

  • Private resolution

  • Physical separation

  • Clear communication of seriousness

  • Arbitration involving both sides

Critique of Unilateral Talaq Forms

• Practices like talaq-e-bid‘a, talaq-e-hasan, talaq-e-ahsan, and talaq-e-tafweed are argued to be products of patriarchal interpretation, not Koranic mandate.

• The only Koran-sanctioned divorce process is gender-neutral, applicable to both spouses.

Relevant Prelims Points:

• Issue: Constitutional validity of unilateral talaq practices.

• Key Forms of Talaq:

  • Talaq-e-hasan: Monthly pronouncement over three months

  • Talaq-e-bid‘a: Instant triple talaq (already invalidated)

• Key Terms:

  • Tuhr: Period of ritual purity

  • Uqdatan-nikah: Bond of marriage

  • Meesaaqan ghaleean: Solemn marital covenant

• Impact:

  • Implications for Muslim personal law reforms

  • Strengthening gender justice in family law

Relevant Mains Points:

• Constitutional Perspective:

  • Article 14: Equality before law

  • Article 15: Non-discrimination

  • Article 21: Right to dignity

• Judicial Trend:

  • Shift from personal law immunity to constitutional scrutiny.

• Ethical Dimension:

  • Patriarchal practices undermine autonomy, consent, and dignity of women.

• Social Reform Angle:

  • Religious practices must evolve in line with constitutional values.

• Way Forward:

  • Invalidate all unilateral talaq forms.

  • Uphold the Koranic, gender-neutral reconciliation-based divorce process.

  • Ensure uniform standards of due process, consent, and arbitration.

  • Promote community awareness and reform through dialogue, not coercion.

UPSC Relevance (GS-wise):

• GS 2: Polity – Judiciary, Fundamental Rights, Personal Laws

• GS 1: Indian Society – Gender Justice, Social Reform

• Ethics: Equality, dignity, constitutional morality