Skip to main content

'Unislamic, draconian': Free Muslim women of talaq-e-hasan clutches too, says plea to SC

By A Representative 

Considered close to the BJP-RSS dispensation, Firoz Bakht Ahmed, formerly chancellor of the Maulana Azad National Urdu University and grandnephew of Maulana Abul Kalam Azad, has approached the Supreme Court for a ban on talaq-e-hasan, a form of divorce by which a Muslim man can divorce his wife by pronouncing talaq once every month over a three-month period. He insisted, the perpetrators of this form of talaq should be jailed for 10-years.
Calling the practice of talaq-e-hasan or talaq-e-husna "void and unconstitutional", Ahmed cited a petition filed by Benazeer Heena, a journalist, before the Apex Court, stating that the curse is similar to triple talaq, "cured by Prime Minister Narendra Modi", though regretting, the bane of talaq-e-hasan continues to "haunt and horrify Muslim women."
In an email alert to Counterview, Ahmed, who approached the Supreme Court through his counsel Atulesh Kumar, said, "The only difference between triple talaq and talaq-e-hasan is the gap of three months, whereas triple talaq is given in one sitting... It is high time that Muslim women come out of the clutches of this draconian practice."
Seeking directions from the court to the Union of India to frame guidelines for uniform grounds and procedures for divorce for all citizens, Ahmed claimed, "Talaq-e-hasan and other forms of unilateral extra judicial talaq are an evil plague similar to 'sati'... Many poor women in Muslim society are leading a pathetic and pitiable life owing to the practice." Hence there should be "complete ban on talaq-e-hasan and other forms of unilateral extra-judicial talaqs."
Even though Benazeer filed her case with the Apex Court soon after receiving her first divorce notice in May this year, after which she was got second the third notices, regreted Ahmed, the court appeared to believe there is "no urgency in the matter".
First, she was declined the request and asked her to make an application before the registrar instead. On receiving her final notice of talaq, the court did list the matter, but told her counsel, Anand, to seek instruction from the petitioner, Benazeer, whether she was open to divorce by mutual consent if "meher" was taken care of.
Claiming that talaq in Islam is "the most heinous and horrendous act/ crime in the eyes of Allah", Ahmed cites the case of Sahaba, a follower of Prophet Muhammad, who approached Him to divorce his wife. The Prophet asked him the reason. Sahaba made many complaints against his wife. The Prophet then asked him if his wife just had any one good quality. Sahaba, a truthful man, responded that she did have a good quality.
At that point, the Prophet advised the Sahaba, “Look here, if your wife has 99 (ninety nine) negative qualities but just one good quality, shun thinking about divorcing her and spend the rest of your life with her just focusing on that single good quality and treat her as your dutiful wife as Allah considers the sin of divorce to be one of the most pugnacious, unpalatable and unpleasant among all sons committed by humans."
Based on this anecdote, Bhakht said, all forms of unilateral extra-judicial talaqs, including talaq-e-hasan/ talaq-e-husna, are void and unconstitutional, are arbitrary and irrational sans compassion. They also lack concern for Articles 14, 15, 21 & 25 of the Constitution of India. The court to the Union of India should frame guidelines for gender neutral, religion neutral, uniform grounds for divorce and its procedure for all citizens, he added.

Comments

TRENDING

Why Venezuela govt granting amnesty to political prisoners isn't a sign of weakness

By Guillermo Barreto   On 20 May 2017, during a violent protest planned by sectors of the Venezuelan opposition, 21-year-old Orlando Figuera was attacked by a mob that accused him of being a Chavista. After being stabbed, he was doused with gasoline and set on fire in front of everyone present. Young Orlando was admitted to a hospital with multiple wounds and burns covering 80 percent of his body and died 15 days later, on 4 June.

Pace bowlers who transcended pace bowling prowess to heights unscaled

By Harsh Thakor*   This is my selection and ranking of the most complete and versatile fast bowlers of all time. They are not rated on the basis of statistics or sheer speed, but on all-round pace-bowling skill. I have given preference to technical mastery over raw talent, and versatility over raw pace.

Walk for peace: Buddhist monks and America’s search for healing

By Vidya Bhushan Rawat*  The #BuddhistMonks in the United States have completed their #WalkForPeace after covering nearly 3,700 kilometers in an arduous journey. They reached Washington, DC yesterday. The journey began at the Huong Đạo Vipassana Bhavana Center in Fort Worth, Texas, on October 26, 2025, and concluded in Washington, DC after a 108-day walk. The monks, mainly from Vietnam and Thailand, undertook this journey for peace and mindfulness. Their number ranged between 19 and 24. Led by Venerable Bhikkhu Pannakara (also known as Sư Tuệ Nhân), a Vietnamese-born monk based in the United States, this “Walk for Peace” reflected deeply on the crisis within American society and the search for inner strength among its people.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Four women lead the way among Tamil Nadu’s Muslim change-makers

By Syed Ali Mujtaba*  A report published by Awaz–The Voice (ATV), a news platform, highlights 10 Muslim change-makers in Tamil Nadu, among whom four are women. These individuals are driving social change through education, the arts, conservation, and activism. Representing diverse fields ranging from environmental protection and literature to political engagement and education, they are working to improve society across the state.

A. R. Rahman's ‘Yethu’ goes viral, celebrating Tamil music on the world stage

By Syed Ali Mujtaba*  Good news for Tamil music lovers—the Mozart of Madras is back in the Tamil music industry with his song “Yethu” from the film “Moonwalk.” The track has climbed international charts, once again placing A. R. Rahman on the global stage.

Bangladesh goes to polls as press freedom concerns surface

By Nava Thakuria*  As Bangladesh heads for its 13th Parliamentary election and a referendum on the July National Charter simultaneously on Thursday (12 February 2026), interim government chief Professor Muhammad Yunus has urged all participating candidates to rise above personal and party interests and prioritize the greater interests of the Muslim-majority nation, regardless of the poll outcomes. 

Why Russian oil has emerged as the flashpoint in India–US trade talks

By N.S. Venkataraman*  In recent years, India has entered into trade agreements with several countries, the latest being agreements with the European Union and the United States. While the India–EU trade agreement has been widely viewed in India as mutually beneficial and balanced, the trade agreement with the United States has generated comparatively greater debate and scrutiny.

Trade pacts with EU, US raise alarms over farmers, MSMEs and policy space

By A Representative   A broad coalition of farmers’ organisations, trade unions, traders, public health advocates and environmental groups has raised serious concerns over India’s recently concluded trade agreements with the European Union and the United States, warning that the deals could have far-reaching implications for livelihoods, policy autonomy and the country’s long-term development trajectory. In a public statement issued, the Forum for Trade Justice described the two agreements as marking a “tectonic shift” in India’s trade policy and cautioned that the projected gains in exports may come at a significant social and economic cost.