What is Talaq-e-Hasan? Procedure, Muslim Law, and Supreme Court

These days, Muslim divorce laws are being widely discussed in India. Especially after the ban on "instant triple talaq" (talaq-e-biddat) in 2017. Talaq-e-hasan is the subject of much discussion. This page is crucial for anyone who is studying law or seeking reliable information in respect of Muslim personal law.

Talaq-e-Hasan?

Under Muslim law, divorce is divided into two categories: Talaq-ul-Sunnat (which follows traditional practices) and Talaq-ul-Biddat (the controversial instant one).

Talaq-e-Hasan is a part of Talaq-ul-Sunnat. The word "Hasan" literally means "good" or "appropriate". Under Sharia, this method is preferred since it avoids rushed decisions and lets both sides think things through.

The Procedure

There are some steps that was followed -

First Step: The husband says "talaq" once during the wife's "tuhr" period – that's when she's not menstruating. It's got to be in that window.

Cool-Off Time: Then comes a one-month waiting period called "iddah." If the couple talks it out, makes up, or even gets back to normal married life, the whole thing gets cancelled automatically. No divorce.

Second Go: If nothing changes after that month, the husband can say "talaq" again in the next tuhr period. Still, there's room to back out and reconcile.

Final Call: If they're still at odds by the third month, the third "talaq" seals it. At that point, it's done – the marriage ends for good, no turning back.

The idea is to build in pauses for reflection, which makes it feel more human.

Difference between Triple Talaq and Talaq-e-Hasan ?

People often get confused between these two, but legally they are different:

Timing: We can define Triple talaq as all about saying "talaq" three times at once, and the marriage is over. Whereas in Talaq-e-Hasan, a period of 90 days is given.

Chance to Fix Things: No second chances in triple talaq – it was instant. But with Hasan, you've got those built-in breaks where reconciliation can happen.

Legal Standing: In India, 'Talaq-e-biddat' is a punishable offence, while Talaq-e-Hasan is currently legally valid (unless the Supreme Court issues a new ruling on it).

The Supreme Court proceedings?

There's a case which is pending adjudication before the Apex Court titled as Benazeer Heena vs. Union of India, that challenged the constitutionality of Talaq-e-Hasan, People are questioning if it's constitutional.

Key issues according to the Court

One-Sided Power: Critics say it gives all the control to the husband, which might clash with equality rights under Article 14 – you know, treating everyone fairly.

Dignity Factor: The court is considering, “Is it okay to end a marriage just by notices without a court getting involved?” That totally violated Article 21 of the Indian Constitution, which protects life and personal dignity.

Constitutional Bench: In January 2026, the apex court pointed out that this matter can be forwarded to a five-judge bench to determine whether this practice is against gender justice.

Conclusion

Talaq-e-Hasan has always been considered a "reasonable" option because it prevents decisions which were decided in rash. However, gender equality is a major legal concern in today's society. If the court finds that this process violates the fundamental rights of Muslim women, significant changes may be seen in the future.

According to the Legal experts, they believe that in the future, "judicial divorce," where both parties (Husband and Wife) are heard, may be given more priority than "unilateral divorce."