More Muslim women are opting for khhula- their right to ‘instant divorce’

More Muslim women are opting for khhula- their right to ‘instant divorce’

Subject: History

Section : Art and Culture

Context: More Muslim marriages end with khhula, the woman’s inalienable right to instant divorce, and not as it’s widely perceived through instant triple talaq, which was set aside by a Supreme Court verdict in 2017, or through talaq-e-hassan, divorce at the man’s initiative.

Khhula

• Unlike talaq, which is pronounced by the man, in the case of khhula, it’s the woman who initiates divorce, and surrenders her mehr (wealth transferred or promised to the woman at the time of marriage) at the time of such a divorce.
• Khhula can be affectedorally or through a document called the ‘Khhulnama’. It has the effect of an instant divorce.
• If the mehr had not been given to the woman by the time she opted for khhula, she cannot demand the mehr as the marriage is being called off at her behest.

Talaq-e-biddat

• If a man belonging to the religion of Islam pronounces talaq thrice either orally or in written form to his wife, then the divorce is considered immediate and irrevocable.
• The only way to reconcile the marriage is through the practice of nikah halala, which requires the woman to get remarried, consummate the second marriage, get divorced, observe the three-month iddat period and return to her husband.

Talaq-e-hassan

• The pronouncement of three divorces separated by at least a month between each pronouncement

Mubarat

• It is mutual divorce granted to a Muslim couple by the Shariah.

Triple Talaq Bill key features

• It is applicable in whole of India but it is not extended to the State of Jammu & Kashmir.
• Any pronouncement of “talaq” by a Muslim husband to his wife in any manner, spoken or written, will be void and illegal.
• Any Muslim husband who communicates the “talaq” orally or in writing may face punishment up to three years in jail. The punishment may be also extended.
• If a Muslim man pronounces “talaq” to his wife, then the woman and her children are entitled to receive an allowance for subsistence. Such an amount can be determined by a Judicial Magistrate of the First Class.
• A Muslim woman is entitled to the custody of her minor children even if her husband has pronounced “talaq” to her.
• The offence is also compoundable (i.e.the parties may arrive at a compromise), if the Muslim woman insists for the same and the Magistrates allows certain terms and conditions which he may determine.
• A person accused of this offence cannot be granted bail unless an application is filed by the accused after a hearing in the presence of the Muslim woman (on whom talaq is pronounced) is conducted and the Magistrate is satisfied with the reasonable grounds for granting bail.