THE DELHI High Court on Friday issued a notice to the Centre on a review petition against an order passed by the court last month by which it dismissed a plea seeking to declare talaq al-sunnah, a type of divorce in Islamic jurisprudence, as unconstitutional and discriminatory. The petition seeks a clarification whether talaq al-sunnah falls within the definition of talaq under Section 2(c) of the 2019 law which states that talaq “means talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband”. Talaq al-sunnah, also involving pronouncement of divorce by the husband, has a waiting period. The petition challenges the “assumed absolute discretion” of the Muslim husband to give divorce to his wife “at any time without any reason and without advance notice to wife”. The court listed the matter for hearing on January 12.

Source: Indian Express October 08, 2021 20:47 UTC