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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January 21,2020

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Info Edge (India) announced that Zomato Media (Zomato) has signed a definitive agreement to acquire Uber's food delivery business in India (Uber) in an all-stock transaction, which gives Uber 9.99% ownership in Zomato.

Uber Eats in India will discontinue operations and direct restaurants, delivery partners, and users of the Uber Eats apps to the Zomato platform, effective 21 January 2020.

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News Network
March 11,2020

Bengaluru, Mar 11: Did Congress party’s Man Friday, DK Shivakumar, not rise up to the occasion and save the situation for the party, whose rebel MLAs were flown into Bengaluru to unsettle the Kamal Nath-led government in Madhya Pradesh? Shivakumar told The New Indian Express on Tuesday, “So far, I have not got any clear direction on what has to be done. But I am in touch with the central leaders. The party does not want to antagonise them... They are our own MLAs.”

He said that the Tenth Schedule, which makes defections illegal, is very strong. “It is not so easy for them once they are expelled. There are courts and then they have to get re-elected. It is not easy to get minister’s post after getting re-elected,” he added.

When pointed out that rebels from the Congress and JD(S) who joined the BJP have got re-elected and become ministers, he said, “There are other issues here.”

Asked about Digvijay Singh, who is at the centre of the controversy in MP and who was AICC general secretary in-charge of Karnataka, not being able to prevent the rebellion in his home state, Shivakumar said, “I do not want to comment on any of our national leaders.”But he was confident that the Congress government would be saved in MP. “I am aware of the developments and keeping track of them,” he said.

Congress leaders seemed wiser after the event.

One of them, who wished not to be identified, said the party clearly did not see the writing on the wall. “Jyotiraditya Scindia supported the BJP at the Centre when it scrapped Article 370. Later too he was not in line with the Congress position on several issues. But during the recent Delhi violence, he criticised the BJP, sending confusing signals,” he added.

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News Network
April 18,2020

Bengaluru, Apr 18: Amid fears that people from the unorganised sector are running out of cash to meet their daily expenses, the Karnataka government said there was no data available for such labourers, who can be provided financial assistance under the direct benefit transfer (DBT) scheme.

"The government does not have data of people in the unorganised sector such as drivers, farmers, domestic help and others. If we have to deposit directly into their account, we need data..," State Labour minister A Shivaram Hebbar told reporters.

The minister said a situation borne out of the COVID-19, where the entire nation has been lockdown was never anticipated.

To him, the pandemic has given an opportunity to gather information about the unorganised sector.

"This COVID-19 has taught the department and the workers a lesson that we should be prepared for a situation like this. We have learnt that all the information about labourers should be available with the labour department," Hebbar conceded.

The minister opined that the department should have had the list during the good times but nobody bothered to have it.

"During the good times nobody bothered about it -- neither they (beneficiaries) asked for it, nor we thought of it.," Hebbar said.

Now that the pandemic has struck, the government is focusing only on not letting anyone starve to death.

A three-level preparation has been made -- at the village level, Taluk level and the city level, the minister said.

Village anganwadis have been stuffed with food items to be cooked for the needy, whereas in Taluk level, government hostels have been turned into shelters for the labourers, he said, noting that lakhs of philanthropists in cities have come forward to feed the people from unorganised sector.

"The basic objective of our government is that no one should starve to death. The issue of organised or unorganised sector comes next," he explained.

On the fear of large-scale retrenchment, the minister said notices have been served on all the industries that no one should be expelled from the job.

However, Hebbar underlined that the industrialists today are as much in distress as the workers and his department was taking into account everyone's concern.

A decision will be taken in this connection by the government in the next two days, to provide assistance to small enterprises to keep them afloat.

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