The Supreme Court will hold a final hearing on the petitions filed against other arrangements including divorce-e-Hasan, which gives Muslim men the right to unilaterally. The court has asked institutions like National Commission for Women, National Human Rights Commission and Child Rights Protection Commission. Also, religious materials have also been asked to keep in the court regarding these arrangements.
Petitions filed in the Supreme Court have been pending for 3 years. These petitions are of many women including Benazir Hina, Nazrin Nisha who are personally affected by unilateral divorce. He says that Muslim women should also get rights like women of other religions. The petitions states that in the name of religious freedom, Muslim women cannot be deprived of fundamental rights like equality (Article 14) and respect in the eyes of law (Article 21).
The petitioners have demanded that the Supreme Court should declare divorce-e-Hasan and all other divorces that do not happen in a court manner unconstitutional. Section 2 of the Sharia Application Act, 1937 should be ordered to be canceled. Also, the Dislution of Muslim Marriage Act, 1939 should also be completely canceled.
On 22 August 2017, the Supreme Court had called the cancellation of marriage unconstitutional by speaking 3 divorces simultaneously. Most of the Muslim Ulama also believed that this is not according to the Quran regarding this system called divorce-e-biddat. After the court’s decision, the government has also enacted a law to declare 3 divorce speaking as a crime, but arrangements like divorce-e-Hasan and divorce-e-Ahsan are still intact. Under these, the husband can cancel the marriage by writing written or orally divorce 3 times at a difference of 1-1 month.