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
April 3,2020

Bengaluru, Apr 3: Four people, including three who attended the Tablighi Jamat meet in Delhi, tested positive for coronavirus on Friday, taking the total number of the affected in the state to 128, the Health department said here.

The three men from Belagavi had attended the Tablighi- Jamaat congregation from March 13 to 18 at Delhi, while the other case was that of a 75-year-old man, who is a resident of Bagalkote.

A detailed investigation was underway to ascertain how he got infected, the department said in a bulletin.

It said that till date, 128 COVID-19 positive cases have been confirmed in the state, including three deaths and 11 discharges.

"With 128 cases we are in ninth position in the country in number of cases.Today four new cases were confirmed, of which three were those who attended Tablighi-Jamaat congregation," Primary and Secondary Education Minister Suresh Kumar told reporters, giving details about the bulletin.

He said 187 of the total of 288 samples collected from those who attended the congregation had tested negative and only 13 had turned positive so far.

"Out of 288 samples collected, we have got report for only 200 cases and are awaiting reports for 88," he added.

Though Kumar did not give any figures on the total number of people who went from Karnataka to attend theDelhi meet, the health department on Thursday had said nearly 1,000 people (including 19 foreigners) linked to Tablighi Jamat had been screened and swab samples of more than 200 people had been collected, while efforts are on to find out others.

Chief Minister B S Yediyurappa on Friday held a meeting with Muslim leaders and MLAs even as the government stepped up efforts to track those who might have travelled to the state after taking part in the meet in Delhi last month, which has turned out to be the hotbed of COVID-19 spread in the country.

After the meeting, the Chief Minister said Muslim MLAs agreed to provide details of those who attended the Jamaat's congregation to the government and also convince them to undergo COVID-19 tests, along with quarantining themselves.

Out of total of 114 active cases in the state so far, 111 patients (including 1 pregnant woman) are in isolation at designated hospitals and are stable, while three are in ICU (one on oxygen and two on Ventilators).

Seven of the 128 cases detected and confirmed were transit passengers of Kerala, who landed at airports in Karnataka and are being treated in the state.

Among the 128 positive cases, 51 were reported from Bengaluru, 21 from Mysuru, 10 from Bidar, nine from Dakshina Kannada, eight from Uttara Kannada, seven from Chikkaballapur, five from Kalaburgai, four from Ballari, three each from Davangere, Belagavi and Udupi, and one each from Kodagu, Tumakuru, Bagalkote and Dharwad.

Those discharged include nine patients from Bengaluru and two from Kalaburagi and among the deceased are one each are reported from Kalaburgari, Bengaluru and Tumakuru.

The Chief Minister held a series of meetings to review the measures taken to control the spread of COVID-19 and implementation of lockdown in the state.

He asked the labour department to deposit an additional Rs 1,000 from the Construction Workers Welfare Fund to the accounts of 15 lakh labourers in the sector.

The government has already deposited Rs 1000 to their accounts (amounting about Rs 150 crore) in the first round.

During the meeting the shortage of Personal Protective Equipment (PPE) Kits for Doctors and health care professionals was discussed.

"Work order has been issued for 1 lakh PPE kits, and the Chief Minister has issued directions for the supply of 2 lakh more PPE kits," Kumar said.

Yediyurappa also chaired a meeting with Ministers from Bengaluru on steps to be taken to control spread of COVID-19, as the city has more than half the confirmed cases in the state.

He also decided to covene a meeting of city legislators in this regard on Saturday morning.

Kumar said it was also decided not to provide food free of cost at the state run Indira Canteens as concerns were raised about the quality and misuse that was happening during the Chief Minister's meeting with ministers today.

"We have decided to stop free food supply...we are providing foodgrains to poor through ration already," he said.

However, the Canteens will continue to provide subsidized food- breakfast at Rs 5 and lunch and dinner at Rs 10.

The government last month had decided that Indira Canteens would provide food packets free of cost to the poor and needy in the wake of the lockdown.

Meanwhile, in view of COVID-19, emergency Additional Chief Secretary, H&FW Department ordered extension ofservices of Medical and Para-medical staff, Clinical and Nonclinical staff retiring in April and May this year, to June 30.

Amid reports of lack of co-ordination between Medical Education Minister K Sudhakar and Health and Family Welfare Minister B Sriramulu, Chief Minister Yediyurappa has tasked Suresh Kumar to brief the media on COVID-19 related daily bulletins, official sources said.

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News Network
January 14,2020

New Delhi, Jan 14: The Kerala government has challenged the new Citizenship (Amendment) Act (CAA) before the Supreme Court, becoming the first state to do so amid nationwide protests against the religion-based citizenship law. The Supreme Court is already hearing over 60 petitions against the law.

Kerala's Left-led government in its petition calls the CAA a violation of several articles of the constitution including the right to equality and says the law goes against the basic principle of secularism in the constitution.

The Kerala government has also challenged the validity of changes made in 2015 to the Passport law and the Foreigners (Amendment) Order, regularising the stay of non-Muslim migrants from Pakistan, Bangladesh and Afghanistan who had entered India before 2015.

The Citizenship Amendment Act (CAA), eases the path for non-Muslims in the neighbouring Muslim-majority nations of Pakistan, Afghanistan and Bangladesh to become Indian citizens. Critics fear that the CAA, along with a proposed National Register of Citizens (NRC), will discriminate against Muslims.

The Kerala petition says the CAA violates Articles 14, 21 and 25 of the constitution.

While Article 14 is about the right to equality, Article 21 says "no person will be deprived of life or personal liberty except according to a procedure established by law". Under Article 25, "all persons are equally entitled to freedom of conscience."

Several non-BJP governments have refused to carry out the NRC in an attempt to stave off the enforcement of the citizenship law.

Over 60 writ petitions have been filed in Supreme Court so far against the Citizenship (Amendment) Act. Various political parties, NGOs and also MPs have challenged the law.

The Supreme Court will hear the petitions on January 22.

During the last hearing, petitioners didn't ask that the law be put on hold as the CAA was not in force. The Act has, however, come into force from January 10 through a home ministry notification.

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coastaldigest.com news network
July 31,2020

Mangaluru, Jul 31: Muslims across coastal districts of Dakshina Kannada, Udupi and Uttara Kannada today observed Eid al Adha following the safety guidelines issued by the government amidst covid-19 pandemic. 

While coastal Karnataka is celebrating the festival of sacrifice today, it will be observed in other parts of Karnataka and country tomorrow. 

Congregational Eid prayers were held in many mosques while ensuring physical distancing norms. Only 50 devotees were allowed in mosques. Children below 10 years of age and elders above 60 years of age weren’t allowed. 

Eidgahs in the region wore a deserted look as the government has temporarily prohibited prayers in the open grounds. The Eidgah at Lighthouse Hill in Mangaluru, which usually witnessed huge crowd during Eid celebrations, was also closed this time. 

As expected, the celebration this time was a low key thanks to the restrictions placed in tune with the threat of coronavirus infection.

Prayers were held in Kudroli’s Nadupalli and Bundar’s Zeenat Bakhsh Central mosque. All those who entered mosque were wearing masks. 

In Udupi city, Eid prayers were held at Jamia Masjid and other mosques with limited number of devotees. In Bhatkal took some of the mosques hosted Eid prayers with all precautionary measures.

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