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ThePrintOpinion: As a Pasmanda Muslim woman, it pains me that India took 70 years to question talaq-e-hasan

Nov 27, 2025
Amana Begam Ansari delves into the complexities of talaq-e-hasan, highlighting its one-sided nature despite being slower than instant talaq. She shares Benazir Hina's story to unveil the bureaucratic and personal toll of oral talaq practices on women. The discussion also sheds light on the intersection of poverty and social pressure faced by marginalized Muslim women. By comparing India's legal landscape to that of other countries, Ansari emphasizes the urgent need for reform and greater fairness in Muslim family law.
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INSIGHT

Staggered Talaq Is Still One-Sided

  • Talaq-e-hasan remains a one-sided extrajudicial mechanism despite being less abrupt than instant talaq.
  • The Supreme Court is now questioning whether such unilateral divorce fits a constitutional democracy that values equality.
ANECDOTE

Benazir Hina's Humiliation

  • Benazir Hina's husband had a lawyer pronounce talaq for him, turning divorce into a transactional formality.
  • Hina lost access to basic rights like enrolling her child at school because she lacked acceptable proof of marital status.
INSIGHT

Tradition Preserves Control, Not Protection

  • Talaq-e-hasan stretches divorce but keeps power solely with the husband, leaving women's rights precarious.
  • The practice persists partly from imagined fears of losing community identity rather than protecting women.
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