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
January 15,2020

Davangere, Jan 15: Karnataka Chief Minister B S Yediyurappa on January 14 threatened to resign when the seer of 'Panchamasali Guru Peetha' warned that the community will leave him, if a BJP MLA from the community is not made the minister during the upcoming cabinet expansion.

The chief minister, who is awaiting the BJP high command's nod to expand his cabinet, amid intense lobbying by the aspirants, wanted the seer Vachanananda swamiji and the 'Panchamasali' community to understand his "situation." Yediyurappa pointed out that he has come to power because of the Congress-JD(S) legislators who rebelled against the then coalition government.

The incident took place when Vachanananda swamiji, while addressing an event at Harihara, near here, said "chief minister, you are a good person, Murugesh Nirani (BJP MLA)has helped you a lot, he has stood by you..if you leave his hands this time, the united Panchamasali community will leave your hands." As the swamiji was making this statement, Yediyurappa, who was seated next to him, rose and threatened to leave the stage.

"If you speak like this I will go away...what are you speaking...kindly pardon me, I will leave, you should not speak like this, if you speak like this I can't work..you can give me suggestions, you cannot threaten me," he said, as the swamiji tried to convince Yediyurappa and asked him to take his seat.

As Yediyurappa acceded to his request, the seer said he was not threatening him but was putting forward the rights of the community. The chief minister, who was visibly upset, was seen talking to Home minister Basavaraj Bommai next to him, who even tried to convince the seer not to continue with the topic. Nirani, a MLA from Bilgi who was Industries minister in the previous Yediyurappa government, was seated on the stage when the incident occurred.

Later addressing the event, Yediyurappa said he was not "selfish" and was even ready to resign.

"Vachanananda swamiji has spoken, through you I request him to understand my situation also. If 17 legislators (Congress-JDS), few even as ministers, had not resigned and stayed away, Yediyurappa could not have occupied this Chief Minister position.

You (swamiji) need not make people raise their hands on any demand, if you tell me, I'm ready to listen to you," he said.

Stating that he was ready to take suggestions from the swamiji on all issues, including on how to run the administration for the next 3 years, Yediyurappa said "I'm ready to bow my head and listen to it, if you don't want I'm even ready to resign and go home, I'm not someone who wants to stick to the chair."

Further noting that if he says that the financial condition of the state is not good it will become headline in papers tomorrow, he said he will have to wait till March for the situation to improve.

"I dont have selfishness, I'm aware that if the Panchamasali-Lingayat community had not stood by me, I could have not sat on this chair (CM)... but kindly understand my situation also," he added.

Yediyurappa is expected to expand his ministry later this month after discussing with BJP national president Amit Shah during his visit to the state on January 18.

As the chief minister has already made it clear that 11 of the disqualified JDS-Congress MLAs who got re-elected in the bypolls on BJP tickets will be made ministers, lobbying has been on within the party for the remaining ministerial berths.

Currently there are 18 Ministers, including the chief minister in the cabinet that has a sanctioned strength of 34.

The cabinet expansion will not be an easy task for the chief minister as he will have to strike a balance by accommodating the victorious disqualified legislators as promised and also make place for the old guard, upset at being "neglected" in the first round of the induction exercise.

He also has to give adequate representation to various castes and regions in his cabinet and also deal with allocation of key portfolios.

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News Network
July 23,2020

Bengaluru, Jul 23: The opposition party Congress on Thursday demanded a judicial enquiry in the alleged scam in coronavirus related medical equipment procurement by Karnataka government.

However, Deputy chief minister Ashwathnarayan and Home Minister Basavaraj Bommai denied all the allegations.

Leader of Opposition (LoP) and former Chief Minister of Karnataka Siddaramaiah and Karnataka Congress president DK Shivakumar addressed a press conference here and demanded a judiciary enquiry under a sitting High Court judge to investigate "BJP's Corona Scams."

"I made allegations on July 3. Nobody has denied it officially. On July 20, Karnataka Health Minister B Sriramulu and Deputy Chief Minister Ashwathnarayan in a press conference denied my allegations. Today, I furnished 14 documents. If you go through it, you will find corruption and misappropriation in medical equipment purchase," Siddaramaiah said.

"The documents are available with the government, how can they deny their own documents. They are telling that they have spent only Rs 324 crore but according to me the government has spent more than Rs 4,000 crore and nearly Rs 2,000 crore went in the minister and bureaucrats' pockets," he said.

He further said, "Centre has procured 50,000 ventilators under PM Cares at a cost of Rs 4, lakh per unit. Tamil Nadu has procured at Rs 4.78 lakh. But in our state, the price is between Rs 5.6 lakh to Rs 18.2 lakh. Is this not corruption?"

Siddaramaiah also dared the government to step up for an enquiry if they are "honest and transparent".

"I am demanding, constitute a judicial committee headed by sitting high court judge, let there be an enquiry in detail," he said.

DK Shivakumar said that his party has made the allegations based on government documents and media reports showing corruption.

"Karnataka government is purchasing equipment at high rates. We have exposed BJP's Rs 2,000 crore scams today. The government's main focus is to loot. They have paralysed the state administration," he said.
Denying the Congress' allegations, Deputy Chief Minister, Ashwathnarayan said that the government is ready to discuss this in the Assembly house.

"They have alleged Rs 700 crore misappropriation by health department but we have shown we have spent only Rs 290 crore," he said.

Giving details of the SDRF expenditure towards COVID-19 containment he said, "We have released Rs. 23,220.01 lakh in SDRF accounts and they have spent Rs Rs. 15, 918.99 lakh in various activities like migrant relief measures, measures for quarantine, sample collection, screening from March 14 to July 16."

Karnataka Home Minister, Basavaraj Bommai, said, "Karnataka government has spent Rs 506 crores for medical equipment and Rs 1,611 crores for other activities related to combatting COVID-19. So, we have spent Rs 2,117 crores as of now and there is no corruption in it."

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News Network
May 8,2020

Bengaluru, May 8: Karnataka Chief Minister B S Yediyurappa said his government is clear in its stand on extending every possible help to the farmers. The Chief Minister spoke to the farmer-leaders of the state, who wanted their concerns to be heard and addressed, with regard to the problems the agrarian community has been facing in the wake of the COVID-19 lockdown.

"We will soon make our position clear on supporting the farmers. We will not allow any hindrance to come in the way of agriculture activities," Yediyurappa told the farmer- leaders.

The Chief Minister told the delegation that the pre-monsoon activities are in full swing in the state.

The government has also set up help centres and been providing agriculture equipment on rent, the Chief Minister said. In most of the places, at least 80 per cent of the standing crops have been harvested.

Arrangements have been made to bring equipment from neighbouring states to harvest the standing crop, he said.

Yediyurappa said fertilisers and seeds are available in abundance in the state.

He informed the farmer-leaders about the arrangements made to transport flowers, vegetables and fruits to other states.

Similarly, the market has been developed for the farmers to sell their products, said the Chief Minister.

He said the government is working out a compensation for farmers who lost their crops due to hailstorm in Raichur, Koppal and Ballari. Agriculture Minister B C Patil, Horticulture Minister Narayana Gowda, Revenue Minister R Ashoka, Chief Secretary T M Vijay Bhaskar and Development Commissioner Vandita Sharma were also present in the meeting.

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