Talaq-e-Hasan explained as SC hears validity challenge; how it differs from triple talaq

The Supreme Court will hear a plea challenging the validity of Talaq-e-Hasan, a form of divorce among Muslims in India, on Wednesday, January 21, 2026. On November 19, 2025, the apex court said it may consider referring the challenge to the validity of Talaq-e-Hasan to a larger Constitution Bench of five judges while rejecting the practice of issuing notices on behalf of the husband.

Asking the parties to submit notes on the types of Talaq that can be given within the scope of Islamic practices, the Board said that this is not a matter of eliminating a common religious practice, but an issue that should be regulated according to constitutional morality.

The top court was hearing nine petitions, including the petition filed by Ghaziabad resident Benazeer Heena, who alleged that she was victimized by the practice.

In 2017, the high court declared Triple Talaq, a form of divorce also common among the Muslim community, unconstitutional after finding that it was arbitrary and violated the fundamental rights of Muslim women.

What is Talak-i Hasan?

Talaq-i Hasan is a form of divorce among Muslims where a man can dissolve a marriage by saying the word talaq every month for three months.

According to Talak-ı Hasan, after the word talaq is uttered for the third time in the third month, if the cohabitation has not continued within this period, the divorce becomes official. However, if cohabitation restarts after the first or second utterance of talaq, it is assumed that the parties have reconciled.

Benazeer Heena vs Union of India and Others

The petition, filed by Benazeer Heena, a Ghaziabad-based woman, through Registered Advocate Ashwani Kumar Dubey, seeks to render the Islamic method of divorce prescribed in Talak-e-Hasan unconstitutional as it violates Articles 14, 15, 21 and 25 of the Constitution.

On November 19, 2025, a three-judge bench of the Supreme Court comprising Justices Surya Kant, Ujjal Bhuyan and N. Kotiswar Singh decided in Benazeer Heena v. Union of India and Ors. He expressed strong reservations about Talaq-e-Hasan in his case.

In Heena’s case, the husband had conveyed Talak-e-Hasan through his lawyer without signing the document himself. The court was visibly disturbed by the lawyers’ decision to divorce and said: “What happens if the client rejects the lawyer tomorrow?… Would a civilized society allow such practices?”

What is the difference between Talaq-i Hasan and instant triple talaq?

In instant triple talaq (Talaq-i biddat), which is prohibited in India, a man recites talaq three times in one go. It is not possible for the feuding couple to reconcile and most of the time the marriage ends instantly. According to the judges, his name is not mentioned anywhere in the Quran; this prescribes the law of divorce largely through Surah Al-Baqarah, verses 226 to 237, and the first six verses of Surah Talaq. Meanwhile, this form of instant triple talaq is banned in many Muslim countries, including Egypt, Syria, Jordan, Kuwait, Iraq and Malaysia.

Unlike instant triple talaq, Talaq-e-Hasan is pronounced with an interval of at least one month or one menstrual cycle. With the first declaration of Talaq-i Hasan, only a single revocable divorce takes place. Following this disclosure, the husband and wife must live together and have the option of intimacy. If the spouses cannot make peace between them in the intervening period and the husband does not cancel the divorce verbally or by establishing intimacy, talaq remains valid. At the end of this month, the husband has to file for divorce for the second time. Likewise for the third time. After the second statement, the divorce can be withdrawn and the couple can continue their marital relationship whenever they wish. However, if the third declaration is made after at least one menstrual period, there will be an irrevocable divorce. The important thing is that divorce is not possible if the woman is during her menstrual period. Even in case of pregnancy, divorce does not occur. And if such a declaration is made, it remains suspended until the end of the pregnancy.