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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coastaldigest.com news network
June 5,2020

Bengaluru, Jun 5: Karnataka registered its highest single-day spike of more than 500 new COVID-19 cases, taking the total number of infections in the state to 4,835, the health department said on Friday.

The previous biggest single-day spurt was recorded on June 2 with 388 cases.

Of the 515 fresh cases reported, 482 are returnees from other states, mostly (about 471) from neighboring Maharashtra. Udupi district saw a major spike with over 200 cases today and the total tally of the district breaching seven hundred cases mark, to stand at 768.

As of June 5 evening, cumulatively 4,835 COVID-19 positive cases have been confirmed in the state, which includes 57 deaths and 1,688 discharges, the department said in its bulletin.

It said, out of 3,088 active cases, 3,075 patients are in isolation at designated hospitals and are stable, while 13 are in ICU.

On Friday, 83 patients have been discharged.

According to state COVID-19 war room data, out of the total 4,835 cases, 93 per cent (4,488 cases) are asymptomatic and 7 per cent (347) are symptomatic.

The new cases include 471 from Maharashtra, three from Delhi, two each from Andhra Pradesh, Telangana and Haryana, and one from Tamil Nadu.

While one is with international travel history from Indonesia. Remaining cases include- contacts of patients earlier tested positive, those from containment zones, those who travelled from other districts, and the ones whose contact history is still being traced.

Among the districts where new cases were reported, Udupi accounts for 204 cases, followed by 74 from Yadgir, Vijayapura 53, Kalaburagi 42, Bidar 39, Belagavi 36, Mandya 13, Bengaluru Rural 12, Bengaluru Urban 10, Dakshina Kannada 8, Uttara Kannada 7, three each from Hassan, Dharwad and Chikkaballapura, two each from Ramanagara and Haveri, and one each from Davangere, Bagalkote, Ballari and Kolar.

Udupi district tops the list of positive cases, with a total of 768 infections, followed by Kalaburagi 552 and Bengaluru urban 434.

Among discharges, Bengaluru urban still tops the list with total 271 discharges, followed by Davangere 147 and Mandya 146.

A total of 3,60,720 samples were tested so far, out of which 13,627 were tested on Friday alone.

So far 3,49,951 samples have reported as negative, and out of them 12,797 were reported negative on Friday.

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News Network
March 7,2020

Thrissur, Mar 7: A local temple in Kerala is at the centre of a social media storm after the picture of a ''Brahmins-only toilet'' outside its main campus went viral on online platforms, prompting the management to remove the signboard.

The picture of three toilets, with signboards showing "Men", "Women" and "Brahmins", at the Kuttumukku Mahadeva Temple in Thrissur, has gone viral with many social media users viewing it as an unethical practise that can portray the progressive state in a bad light.

However, temple officials said the toilets were located outside the main campus and the board was brought to their notice only now.

Kannan, an official of the temple committee, said the board was placed nearly two decades ago and nobody raised any complaint against it so far.

"That particular toilet was being used by priests and other temple employees. We didn't even notice that board... As soon as we came to know about it, we removed it and affixed a staff-only board," he told PTI.

Also a CPI-M functionary and ward councillor, Kannan said the shrine and it's management was against all kinds of unethical customs.

The temple official said they were planning to pursue legal measures against the man who posted the photo of the toilets on social media.

"We suspect that he did it deliberately to create issues during the time of the festival and to tarnish the shrine's reputation. Not only that, the photo he shared was an old one though he claimed that it was taken during the time of the festival, " he said.

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News Network
July 19,2020

Mysuru, Jul 19: Residents in the vicinity of the Chamundeshwari temple alleged VVIP racism against the administration for allowing BJP MP Shobha Karandlaje for a special visit there on Friday.

Even though the district collector had ordered the closure of temple visits due to the COVID pandemic, an exception was made for VVIPs.
The BJP leader claimed that she visited the temple on Thursday evening but the temple officials confirmed that she visited the temple on Friday at 7 am. It is her routine every year to visit the temple on the last Friday of Ashada Masa.

Locals, who tried get darshan of Chamundi Devi, were barred by the police leading to an altercation between locals and cops at the entrance to the temple.

Ashada Masa is considered an auspicious occasion and it is a belief among politicians that for the longevity of their political career, they need to visit Chamundeshwari temple every last Friday of Ashada Masa.

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