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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July 4,2020

Mangaluru, Jul 4: In the wake of mounting coronavirus cases in Dakshina Kannada, all jewellery shops district will be closed for five days from July 5 to July 9.

The decision was taken by the Dakshina Kannada district unit of Jewellers’ Association.

All the jewellery shops including corporate jewellery shops in Manglauru and other parts of district will remain closed for five days, a media release said.

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News Network
February 1,2020

New Delhi, Feb 1: An extremist today fired shots at anti-CAA protesters at Shaheen Bagh in Delhi, just three days after another extremist fired at protesters at nearby Jamia Millia University. This is the second daylight shooting in which the police caught the man only after the shots were fired.

The man, apparently a fan of BJP leaders including Narendra Modi and Amit Shah, shouted "Jai Sri Ram" as he fired shots standing near police barricades put up at the south Delhi locality where hundreds of women and children have sat on the road in protest for more than a month. He was caught by the police. No one was injured. 

The shooter was also heard saying: "Humare desh mein sirf Hinduon ki chalegi aur kisi ki nahi (in our country only Hindus will prevail)." He had allegedly come to the area in an auto.

A witness said the man fired two-three times, standing right next to the police, not at the spot of the protest but close enough to a large crowd of unarmed men, women and children. 

"We suddenly heard gunshots. This person was shouting Jai Shri Ram. He had a semi-automatic pistol and he fired two rounds. The police were standing just behind him," said the witness, a volunteer at the protest.

"When his gun jammed, he ran. He tried to fire again, then tossed the gun into the bushes and tried to escape. Some of us and the police caught him, the police dragged him away," he added. Protesters questioned whether the police were more focused on keeping an eye on them rather than tackling crimes like this.

Police officer Chinmay Biswal said the man had fired shots in the air. "The man had resorted to aerial firing. Police immediately overpowered and caught him," he said.

This incident - the second shooting in Delhi at an anti-CAA protest -- has chilling similarities to the one that took place just two km away at Jamia university on Thursday, when a 17-year-old Class 12 boy from Uttar Pradesh fired a crude pistol at unarmed protesters with dozens of policemen behind him, watching. The teen, who left home claiming he was going to school, took a bus to Delhi intending to target Shaheen Bagh but landed at Jamia next-door after an auto-driver dropped him off there to avoid the traffic chaos.

The shootings have taken place in quick succession after controversial slogans of "Goli Maaro Sa***n Ko (shoot the traitors)" were chanted on Monday at a Delhi campaign rally of Anurag Thakur, the Union Minister of State for Finance, who was part of the team involved in Budget 2020 announced today.

Mr Thakur was banned from campaigning in Delhi for three days for egging on BJP workers to shout the "Goli Maaro" slogan.

Delhi Chief Minister Arvind Kejriwal slammed Home Minister Amit Shah, to whose ministry the Delhi Police reports to, over the two shooting incidents. "What have you done to our Delhi, Amit Shah ji? Bullets are being fired in broad daylight... Law and order is being criticised constantly. Elections will come and go, politics will keep happening, but for the sake of the people of Delhi, please focus on fixing law and order," he tweeted.

The Shaheen Bagh protest has attracted attention from across the country in the protests against the CAA or the Citizenship (Amendment) Act, which makes religion a criterion for citizenship. Critics say the law discriminates against Muslims as only non-Muslims from neighbouring Pakistan, Afghanistan and Bangladesh can become Indian citizens if they fled religious persecution and entered India before 2015.

Of late, critics of the Shaheen Bagh protests, mainly pro-CAA activists, have attacked the month-long sit-in on a key road in Delhi connecting to Noida. They say the protest has become a traffic nightmare for commuters.

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News Network
April 3,2020

Bengaluru, April 3: The ASHA worker, who was attacked by locals in Sadiq layout area in Bengaluru while conducting a coronavirus survey, on Friday expressed satisfaction with police action in the matter.

"I am happy that five people have been arrested for attacking me while I was conducting a survey in view of COVID-19 in Sadiq layout area in Bengaluru on April 1. We serve the people and work for the betterment of the society," Krishnaveni, the ASHA worker, told news agency here.

ASHA workers, who were deployed to spread awareness about coronavirus and identify suspected cases, were allegedly attacked by a group of locals in the area on Wednesday.

"We had been conducting surveys for the past 14 days ever since a positive coronavirus case was identified in the area. A person came and asked why we were gathering information. We informed him that a positive case was identified in the area," Krishnaveni said.

"They made an announcement from the mosque not to give any information to us. Afterwards, several people came out of their houses and started attacking us," she added.

Police initiated an investigation and have made arrests in the matter.

This comes as the country is under a 21-day lockdown to prevent the spread of coronavirus, which has claimed the lives of at least 56 people and infected over 2,000 people.

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