Triple talaq: Personal laws can't be rewritten, Muslim board tells SC

September 3, 2016

New Delhi, Sep 3: The All India Muslim Personal Law Board (AIMPLB) on Friday told the Supreme Court that “personal laws cannot be re-written in the name of social reforms.”

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Submitting its response in connection with the ongoing matter on the triple talaq' issue, the All India Muslim Personal Law Board said, “Personal laws cannot be challenged as violative of Part III of the Constitution.”

“When serious discords develop in a marriage and husband wants to get rid of wife, legal compulsions and time consuming judicial process….in extreme cases husband may resort to illegal criminal ways of getting rid of her by murdering her. In such situations Triple Talaq is a better recourse,” AIMPLB told the apex court.

“Marriage is a contract in which both parties are not physically equal. Male is stronger and female is a weaker sex. Securing separation through court takes a long time deters prospects of remarriage,” it added.

The AIMPLB further said that polygamy as a social practice is not for gratifying men's lust, but it is a social need.

“Muslim women have right to divorce under Khula practice. Issues of Muslim Personal Law are raised in the Supreme Court are for Parliament for decide. The Uniform Civil code is a directive principle and not enforceable. The personal laws are protected by Article 25, 26 and 29 of the Constitution as they are acts done in pursuance of a religion,” it added.

The apex court had last week issued notice to the Central Government on the plea of a Muslim woman challenging the Constitutional validity of triple talaq' to end a marriage.

The petitioner Ishrat Jahan has sought a declaration from the apex court, saying that Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, was unconstitutional as it violated fundamental rights guaranteed under Articles 14 (equality), 15 (non-discrimination), 21 (life) and 25 (religion) of the Constitution.

In her petition, Jahan has asked whether an arbitrary and unilateral divorce through triple talaq can deprive the wife of her rights in her matrimonial home as also her right to have the custody of her children.

A batch of petitions is being heard by a bench headed by Chief Justice T.S. Thakur and notices have already been issued to the All India Muslim Personal Law Board and others.

However, this is not the first such type of petition that has been presented before the Supreme Court as Uttarakhand-based Shayara Banu and the Rashtrawadi Muslim Mahila Sangh through its president Farah Faiz have raised similar queries.

On July 29, the apex court had favoured a wider debate on the petitions challenging the validity of triple talaq.

All India Muslim Women Personal Law Board (AIMWPLB) president Shaista Ambar has demanded abolishing of the triple talaq system.

Talaq-e-bidat is a Muslim man divorcing his wife by pronouncing the word “talaq” more than once in a single tuhr (the period between two menstruations) or in a tuhr after coitus or pronouncing an irrevocable instantaneous divorce at one go (unilateral triple-talaq).

The Centre has set up a high-level committee to review the status of women in India and according to reports has recommended a ban on the practice of oral, unilateral and triple talaq (divorce) and polygamy.

Comments

SK
 - 
Monday, 5 Sep 2016

The Muslim Personal Law board is putting up silly / childish / stupid arguements as follows

\ In extreme cases husband may resort to illegal criminal ways of getting rid of her by killing her \".
If that happens, that is good, The innocent wife will go to Jannah and the criminal husband will go to jail and Hell.

The million dollar question is ....why the husband can not give the talaqs step by step as ordained by Quran ... and wait for 9 months instead of telling 3 talaqs at a time .??????????"

SK
 - 
Sunday, 4 Sep 2016

Shaji, further to my previous question, kindly note that , no one is opposing the Personal Law... It is because of the wrong practice by Muslim Husbands, Islam is getting a bad name.... Why the Husbands are in a hurry to give three talaqs at a time.. which is not allowed in Quran .... Why cant the greedy husbands give the Talaq step by step..... wait for three months after the first Talak, wait another 3 months after the second Talak, So within 8 -9 months , the process of Talak will be over and the women can not complaint... Why phones, E.mails, messages , skypes are used to give talak.....It is the greedy and name sake husbands, who have given a chance to these ladies to go to courts.... If the husbands BEHAVE properly , the chances of differences are less.... and unfortunately some greedy moulanas are also supporting these erring husbands .... Just think, if it happens to your sisters and daughters, then you will understand the PAIN and wrongful act...

SK
 - 
Sunday, 4 Sep 2016

Mr Shaji..... Kindly tell what the Quran tells about Talaq and how it was practised during the time of Prophet ( PBUH )

SHAJI
 - 
Sunday, 4 Sep 2016

Why the hate mongers are inserting their nose in personal matter of Muslims. Few moderate muslims are behind this agitation as they dont want to follow islam. In this case why are they call themselves Muslims. They are free to follow any religion. None is forcing these hypocrytes to be in Islam. Tomorrow these hypocrytes (Munafiqs) will ask to ban Masjids / prayers / fastings etc as they are not following it and face it hard to observe it. Supreme court should not accept such requestes which is only a waste of time of Court. Few sangh partivar terrorists and hate mongers are supporting these hypocrites. Why media is showing hand count hypocrite wormen who want changes in personal law whereas yuo will find hudreds of thousand of muslim women who dont want any change in muslim persona law which is based on Quaran plus Hadees and will never be changed.

Shamsir
 - 
Saturday, 3 Sep 2016

No brother its not allowed.when serious discords happens in marriage(its always better to make patience). Husband can go for 1st talaq by keeping two pious negotiator from each side. during that time women should stay at husbands house but they should b away from bed so that through negotiators counselling there is a chance for mind change with in women's first menstrual period. in case problem still continues then he can go for second talaq and same procedure to follow. Initial two talaq are revocable but so in third case it is irrecoverable ... for more information go through mufthi menk's latest 2016 talk in youtube \marriage issue\""

SK
 - 
Saturday, 3 Sep 2016

Manoharji , Before making this comment have you consulted your Father Advani / Modi / Muthalik / Pagodia / Moochwala .......Good luck enjoy the day ....

Manohar
 - 
Saturday, 3 Sep 2016

Ask with your father owaisis he always talk about law everytime to escape the situation now u people are saying that supreme court cant take decision on your personal values.

SK
 - 
Saturday, 3 Sep 2016

Is triple talaq in one time is allowed in Quran / Prophet ( PBUH ) ????

Any one can enlighten ????

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News Network
July 12,2020

Thiruvananthapuram, Jul 12: At least 66 children have ended their lives in Kerala since the Covid-19 lockdown began on March 25 with youngsters facing stress unable to bear the unprecedented situation where schools are shut and friends are out of reach to share their woes.

According to Chief Minister Pinarayi Vijayan, there has been an increasing instance of suicidal tendencies among children in the state due to various reasons, including parents scolding them over mobile phone use and failure to attend online classes.

This has prompted the government to launch a teleconsultation facility for children facing stress and also cautioning parents against hurting their sentiments while being concerned about welfare of their wards. It has also ordered a study into the issue. "Among the children an increasing instance of suicidal tendency is being witnessed which will become an extremely serious social issue.

Since March 25, when the national lockdown was imposed, 66 children, below 18 years of age, have ended their lives due to various reasons", Vijayan said. A mother scolding her child for not attending the ongoing online classes, or a parent questioning a child for downloading a sleazy video on the smartphone or the constant rift between the parents were among the reasons which triggered the suicidal tendency, he said on Saturday.

As the schools have not yet re-opened due to the lockdown, the children are unable to meet their friends and share their problems. Vijayan said though the parents were intervening keeping in mind their child's welfare, it was essential to ensure that the young minds were not hurt in the process. To helpthe children facing issues relating to mental pressures, 'Chiri'atele-counselling initiative has been started by the government under its Our Responsibility to Children Programme (ORC), a planned community intervention that connects with people between the age of 12-18 years. The state health department has also launched "Ottakalla Oppamundu" (You are not alone,we are with you) programmeto help children facing any kind of mental distress and to prevent the suicidal tendencies among them.

Health Minister K K Shailaja said under the psychosocial support assistance, her department has so far reached out to 68,814 children and 10,890 children have been given counselling. The changes in the behaviour of their children should be noted by the family members and if they find something amiss, the district psychosocial help desk should be informed, she said. A 15-member team of Students Police Cadets will be constituted in each of the 14 districts to help the children needing any assistance,police sources said. Education should not be a competition, but a means to gain knowledge, Vijayan said.

A society's future lies with the children and it is the duty of the society and the government to ensure their physical and mental well being. Taking a serious view of the situation, the state government has constituteda committee headed byFire and Rescue Services DGP R Sreelekha to conduct a study on child suicides in the state. The aim of the ORC was also to create a multi collaborative platform for government and professional agencies, parents and teachers to equip youth with appropriate know-how to face challenges, officials said. 

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News Network
June 20,2020

Bengaluru, Jun 20: A petition has been filed in Karnataka High Court to transfer Amulya Leona case to the National Investigation Agency (NIA). She raised pro-Pakistan slogans at an anti-CAA rally on February 20 at Freedom Park.

The petition, filed by advocate Vishal Raghu, blamed the probe team for not filing chargesheet on time and suggested the state government to approach the higher court against bail granted to Amulya Leona.

On June 11, she was granted conditional bail by the Bengaluru civil court.

She was charged with sedition for her actions in the presence of All India Majlis-e-Ittehad-ul-Muslimeen chief Asaduddin Owaisi.

The court granted bail after hearing the bail application. Amulya's advocate on behalf of the petitioner said, "the petitioner is just a 19-year-old lady and she is studying in a private college in the Bengaluru. She shouted 'Pakistan Zindabad' but she never mentioned Pakistan as her country."

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News Network
July 1,2020

Bengaluru, Jul 1: Karnataka government has announced a complete lockdown on Sundays till August 2. "There shall be complete lockdown on Sundays from July 5 and followed by next four Sundays till August 2," stated the government. 

"However, essential activities allowed during night curfew will be permitted during Sunday lockdown too. Marriages already fixed on Sundays will be permitted as per norms," also said.

The government further ordered, "All government offices, Boards and Corporations, except those operating and maintaining essential services, shall remain closed on all Saturdays till the second week of August."

Employers should ensure that the Aarogya Setu app is downloaded and used by the employees. The app enables the identification of potential risk of infection,

Regarding Sunday Lockdown, it said, there shall be complete lockdown on Sundays with effect from 5th July, 2020, and followed by next 4 Sundays till 2nd August, 2020.

However, the essential activities as above permitted during Night Curfew shall be permitted during the Sunday lockdown also.

Lockdown in Containment Zones in Karnataka

Lockdown will continue to remain in force in the Containment zones. In the Containment Zones, only essential activities shall be allowed. There shall be strict perimeter control to ensure that there is no movement of people in or out of these zones, except for medical emergencies and for facilitating supply of essential goods and services. In the Containment Zones, there shall be intensive contact tracing, house-to-house surveillance, and other clinical interventions, as required.

All vulnerable persons, individuals above 65, persons with comorbidities, pregnant women and children below the age of 10 years are advised to stay at home, except for health and essential purposes.

Karnataka saw 947 new coronavirus cases, including 503 cases from Bengaluru Urban, taking the total number of cases to 15,242. Death toll has jumped to 246 after 20 deaths were reported on Tuesday, according to the data released by Union Health Ministry. 

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