Context:
Supreme Court to examine the validity of extrajudicial divorces like ‘Talaq-e-Hasan’
Extrajudicial Divorces:
- Extrajudicial Divorces – Dissolution of marriage without court intervention
- Provided under – Muslim Personal law
- 3 categories of Divorce –
- Talaq – Unilateral divorce initiated by the husband
- Khula – Divorce initiated by the wife
- Mubaarat – Mutual divorce agreed upon by both parties
- Different types of Talaq –
- Talaq-e-Sunnat – Further divided into 2 types
- Talaq-e-Ahsan – A single pronouncement of divorce by the husband during the tuhr (period of purity) followed by a period of abstinence(iddat). If the couple resumes cohabitation during the iddat period, the divorce can be revoked.
- Talaq-e-Hasan – Consists of 3 successive pronouncements of divorce made by the husband during 3 tuhrs while abstaining from marital intercourse.
- Talaq-e-Biddat (currently outlawed) – A form of divorce where the husband would pronounce divorce either in a single pronouncement or three consecutive pronouncements.
- Contingent Talaq – Divorce recognized under Sunni Islamic law, whereby divorce is pronounced to take effect upon the occurrence of a future event. When the specified event happens, the divorce becomes effective immediately.
- Delegated talaq – Delegated Talaq, also known as Talaq-e-Tafweez, refers to the authority given by a Muslim husband to another person, including his wife, to pronounce talaq (divorce) on his behalf.
- Talaq-e-Sunnat – Further divided into 2 types
- Divorces initiated by wife –
- Khula – A form of divorce where the wife seeks a separation by returning the dower or any other agreed-upon consideration to the husband.
- Ila – If the husband fails to fulfill his marital duties during the period of abstinence (typically 4 months), the wife has the right to seek a divorce.
- Lian – Applies when the husband accuses his wife of adultery but fails to provide the required evidence.
- Zihar – Takes place when the husband compares or equates his wife to his mother or other female relatives, treating her as forbidden for conjugal relations.
Landmark Cases:
- In 2017, a constitution bench had, by a majority decision, held the practice of instant Triple Talaq (Talaq-e-Biddat) as unconstitutional and violative of Article 14 and 15 of the Constitution.
- T. Abbas v. M. Ayesha (2019) – Madras High Court ruled that for Talaq to be valid, firstly, there must be a reasonable cause for the divorce, and secondly, attempts at reconciliation must precede the pronouncement of Talaq.
Muslim Personal Law:
- Muslim Personal Law – Refers to the legal system that governs personal matters and family law matters for Muslims in the country.
- Based on – Islamic principles derived from the Quran, Hadith (sayings and actions of the Prophet Muhammad), and Islamic jurisprudence.
- Deals with – Affairs of marriage, divorce, inheritance, and maintenance.
- Key legislations –
- The Muslim Personal Law (Shariat) Application Act, 1937
- The Dissolution of Muslim Marriage Act, 1939
- The Muslim Women (Protection of Rights on Divorce) Act, 1986
- The Muslim Women (Protection of Rights on Marriage) Act, 2019
Related Article – Uniform Civil Code
Source: The Indian Express
Previous Year Question
With reference to the history of ancient India, which of the following statements is/are correct?
1. Mitakshara was the civil law for upper castes and Dayabhaga was the civil law for lower castes.
2. In the Mitakshara system, the sons can claim right to the property during the lifetime of the father, whereas in the Dayabhaga system, it is only after the death of the father that the sons can claim right to the property.
3. The Mitakshara system deals with the matters related to the property held by male members only of a family, whereas the Dayabhaga system deals with the matters related to the property held by both male and female members of a family.
Select the correct answer using the code given below:
[UPSC Civil Service Exam – 2021 Prelims]
(a) 1 and 2
(b) 2 only
(c) 1 and 3
(d) 3 only
Answer: (b)
Explanation:
Statement 1 is not correct. Castes are not specified in these laws.
Statement 3 is not correct. Both laws deal with the matters related to the property held by both male and female members of a family.
