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.”

talaq3

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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Agencies
April 19,2020

French Nobel prize winning scientist Luc Montagnier has sparked a fresh controversy by claiming that the SARS-CoV-2 virus came from a lab, and is the result of an attempt to manufacture a vaccine against the AIDS virus.

In an interview given to French CNews channel and during a podcast by Pourquoi Docteur, professor Montagnier who co-discovered HIV (Human Immunodeficiency Virus) claimed the presence of elements of HIV in the genome of the coronavirus and even elements of the "germ of malaria" are highly suspect, according to a report in Asia Times.

"The Wuhan city laboratory has specialized in these coronaviruses since the early 2000s. They have expertise in this area," he was quoted as saying.

The theory that Covid-19 virus originated in the lab is making rounds for quite some time.

US President Donald Trump last week acknowledged Fox News report that the novel coronavirus may have been accidentally leaked by an intern working at the Wuhan Institute of Virology in China.

The Fox News, in an exclusive report, based on unnamed sources has claimed that though the virus is a naturally occurring strain among bats and not a bioweapon, but it was being studied in Wuhan laboratory.

The initial transmission of the virus was bat-to-human, the news channel said, adding that the "patient zero" worked at the laboratory. The lab employee was accidentally infected before spreading the disease among the common people outside the lab in Wuhan city.

Professor Montagnier was awarded the 2008 Nobel Prize in Medicine for the identification of AIDS virus, with his colleague professor Franeoise Barre-Sinoussi.

His fresh claim on coronavirus, however, received criticism from scientists, including his colleagues.

"Just in case you don't know. Dr Montagnier has been rolling downhill incredibly fast in the last few years. From baselessly defending homeopathy to becoming an antivaxxer. Whatever he says, just don't believe him," tweeted Juan Carlos Gabaldon.

As per a recent Washington Post, two years ago, the US embassy officials in China raised concerns about the insufficient biosafety at the Chinese government's Wuhan Institute of Virology where deadly viruses and infectious diseases are studied.

Though the institute, located quite close to the Wuhan wet market, is China's first biosafety level IV lab, the US state department had warned in 2018 about "serious shortage of appropriately trained technicians and investigators needed to safely operate this high-containment laboratory".

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News Network
June 8,2020

Bengaluru, Jun 8: Amid the relaxations in the coronavirus-induced lockdown, wedding planners are adapting to changing times and advancing themselves to provide best possible services to their clients.

Wedding planners come up with new trends. While women are matching their masks to their outfits, men who use turban for a wedding are wearing matching masks with the turbans. People are getting creative at the same time maintaining safety protocols. The live streaming of weddings for those who could not attend the wedding is also becoming a new normal.

Manisha Porwal Chouraria, a wedding planner at Color Palette Productions speaking to news agency said that Post COVID-19, weddings are performed as per the old cultures.

"Wedding Industry has impacted due to lockdown in the wake of COVID-19. Now, the concept of micro-wedding is trending in which you have guests who are close to you. Now, the old culture is back again as people who use to hold a wedding at lavish destinations are getting married in their lawns, farmhouses, terraces. Earlier, people used to get married in their 'Aangan' (Courtyard), people seem to be doing the same now. It is more personalised and expenses have come down, now. People are spending small amounts on decoration," said Chouraria.

"Following government guidelines, we are allowing 50 people at the wedding and not more than that. We are doing live streaming telecast and people can watch the wedding. We are also shipping gift boxes with a letter to 500 people who could not become part of the wedding. In the letter, we are writing that because of norms, you may not be invited but we want something to gift you on our wedding. People are planning to get married now and decide to throw a grand reception after 6 months in the hope that things will get better," she added.

Commenting upon how wedding planners are ensuring social distancing and how the fashion style changed due to pandemic, Chouraria said: "People are using matching masks. If women are wearing silk sarees, they are also wearing silk masks. Men are wearing matching masks with saafa (turban). The entire staff is asked to wear PPE kits. We are giving the guests a healthy kit comprising up of masks, sanitisers, gloves and tissues. We are doing thermal screening of the guests. We are also gifting cuddle curtains, a plastic transparent shield by using which you can touch feet of elders without physically touching them."

Mansi Porwal, Creative Head at Color Palette Productions said that it is becoming a challenging task for creative heads to plan wedding but still they are providing their best to the clients.

"Earlier people used to do theme wedding, big Indian Fat weddings. Now people are wedding with a small gathering. Now, family members are getting time to suggest the wedding planners about themes and the thing they want in their weddings. We are providing the best," she said.

"We have come up with a new theme, 'Har Din Subh hai' which means every day is auspicious. Post COVID-19 people are looking for available dates for the wedding. Now, every day becomes auspicious. This is going to be the new trend," she added.

Another wedding planner, Abhilash of Taarini Weddings said that their company is providing customised masks to guests.

"Earlier we have lots of weddings to cover across the globe. But now, we have less numbers of weddings. Budgets are reduced now. We are happy to start again. We are creating e-invites in which we are sending the guidelines to the guests. We also have a help desk to assist the clients and guests. We are providing the matching masks to the groom and we are also giving customized masks to guests too," he said.

Earlier, Karnataka's Department of Health and Family Welfare Services had issued an advisory for marriages, stating that not more than 50 guests shall be allowed and the consumption of liquor on the occasion will be prohibited.

As per the advisory, anyone found having fever, cold, cough, difficulty in breathing shall not be permitted to attend the event and immediately referred to seek medical advice.

"All persons shall wear face mask compulsorily. All persons shall maintain a physical distance of more than one metre. Hand wash with soap and water shall be provided in washrooms," adds the advisory.

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Press Release
January 8,2020

Puttur, Jan 8: NCC Officer and two NCC Cadets of St Philomena College Puttur have been selected to participate in prestigious Republic Day Parade on January 26, 2020 in New Delhi.

NCC Officer, Lt. Johnson David Sequeira, Assistant Professor of Bachelor of Social Work has been selected as Contingent Officer of Karnataka and Goa Directorate to train the cadets in New Delhi.

Senior Under Officer Chethan P of first year BCA has been selected to Flag Area and Prime Minister’s Rally.

Junior Under Officer Mahalasa Pai of first year BCom has been selected to participate in cultural event which will be presented on the occasion of VIP’s visit.

These two meritorious cadets of the NCC wing of the College underwent a four months’ rigorous training at various places of Karnataka.

The Correspondent of the College Rev. Fr Alfred J Pinto, Principal Prof. Leo Noronha and Campus Director Rev. Dr Antony Prakash Monteiro expressed their happiness and compliments for the tremendous achievement of the NCC Officer and the cadets.

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