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India's Supreme Court questions validity of gradual Islamic divorce, citing women's rights concerns.
The Supreme Court of India has raised serious concerns about Talaq-e-Hasan, a gradual Islamic divorce practice where a husband pronounces divorce once monthly for three months, questioning its validity in a modern, constitutional democracy.
The court expressed skepticism over husbands delegating divorce notices to lawyers or third parties, which can lead to disputes over legitimacy and expose women to risks like accusations of polyandry.
While not ruling yet, the bench signaled it may refer the issue to a larger five-judge constitutional bench, emphasizing that religious practices must align with constitutional rights, particularly women’s dignity and equality.
The case stems from petitions by Muslim women, including journalist Benazeer Heena, who faced legal and social hurdles proving divorce, affecting their children’s education and travel.
The court has asked for detailed submissions on legal questions and urged judicial oversight to prevent misuse and ensure justice.
El Tribunal Supremo de la India cuestiona la validez del divorcio islámico gradual, citando preocupaciones por los derechos de las mujeres.