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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News Network
March 30,2020

Bengaluru, Mar 30: The coronavirus scare has taken a toll on the poultry industry in Karnataka with many poultry farm owners culling the birds, insiders in the poultry industry said.

At least one lakh birds have been culled in the last one week, the sources said.

Ever since the news spread about novel coronavirus spreading rapidly, the poultry industry started feeling the heat.

The lockdown spelt further trouble for the industry with reduced business compelling farm owners to go in for the culling.

According to Muddukrishna of C N Nischchith Enterprises, a live chicken dealer in Bengaluru, the culling had taken place in Shivamogga, Kolar and other places.

"There is a drastic decline in business. There are neither customers nor enough supply of birds for sale. We are badly hit. There are many poultry farm owners who have incurred tremendous loss due to the lockdown," Muddukrishna told news agency.

Another major poultry industry owner, having his farms in Channapatna, Ramanagar, Anekal and surrounding places, said he had to get rid of at least 4,000 birds in each of these farms.

"This is not restricted to me alone. There are about 64 major poultry industries who have gone for the drastic measure of culling," said the farm owner.

He said in the last one week, at least one lakh birds have been culled as it was hard for them to maintain them.

"Each bird needs at least a kilogram of grains in three days to eat whereas each kg of poultry food costs about Rs 32. We have about two lakh birds in our farm. How can we maintain if there is no business," rued the poultry farm owner.

The industry has suffered a double whammy.

People gave up eating chicken following rumours that the novel coronavirus COVID-19 is similar to SARS, another virus.

Further, the lockdown has blocked the transportation of these birds, he added.

According to the farm owner, in the last one month, he had suffered a loss of around Rs 15 lakh and if the situation continues for the next three months, his condition would be beyond imagination.

Muddukrishna said the poultry farm association had given a memorandum to the animal husbandry and fisheries department seeking direction on the transportation of these birds.

Accordingly, the secretary in the department of Animal Husbandry and Fisheries A B Ibrahim issued a circular to all the city police commissioners, deputy commissioners of the district, superintendent of police and the CEO of Zilla Panchayath on Friday that the animal husbandry services have been declared as essential services.

Ibrahim said in his circular that the production of chicken birds, sheep, goat, pigs, etc in the farm and their transportation, manufacturing feed, liquid nitrogen meant for veterinary use and other items related to the Animal Husbandry should be permitted.

"Despite the order, our vehicles are stopped and drivers are harassed," alleged Muddukrishna.

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News Network
March 27,2020

Bengaluru, Mar 27: India should take a cue from the UK and Italy and allow final year medical students to skip exam and bring them into the hospital system immediately to fight the war against COVID-19, noted cardiac surgeon Devi Prasad Shetty on Friday said.

The Chairman and Founder of the city-based Narayana Health said there should be some reforms in medical education like the UK and Italy.
In the UK, he noted, final year medical students have been told that they don't need to appear for the exam, and they will be given pass based on the past performance and they can get into the hospital system to fill the shortage.

Italy got 10,000 more doctors following the move to cut short the duration of MBBS by nine months, according to him.

COVID-19 battle can be only won by young doctors and young nurses. Its like a war, Shetty told PTI.

He said: Senior doctorsnone of them will be able to touch the patients because they are past the age of 50. A person who is past the age of 50 is very vulnerable himself.

This is a very contagious disease. "But we dont have that many battalion (of doctors). We need one and half lakh doctors to manage all these government
hospitals and private hospitals (to fight COVID-19)", he added.

​​​

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August 4,2020

Mangaluru, Aug 4: The Karnataka Beary Sahitya Academy has announced the names of the winners of its annual honorary awards (Gaurava Prashasti and Gaurava Puraskara) for the years 2019 and 2020.

Rahim Uchil, the president of the Academy announced the names at a press conference in the city today. Beary Academy registrar Poornima and member Shamsheer Budoli were also present in the press meet. 

Gaurava Prasasthi-2020 winners are: Basheer Ahmed Kinya (Beary literature), Veena Mangaluru (Beary cinema, drama and art) and Siddique Manjeshwara (Beary organisation and social service) 

Gaurava Puraskara-2020 winners are: Dr Mohammed Ismail (medicine), T A Mohammed Asif (education), Iliyas Mangaluru (social service), Abdul Rasheed aka Rash Beary (Beary organisation) and Safwan Shah Bahrain (young talent). 

Gaurava Prashasti-2019 winners are: Abdul Rehman Kutthethur (Beary literature), Ismail Tannirbhavi (Beary art) and M Ahmed Bava Moidin (Beary organisation and social service).

Gaurava Puraskara-2019 winners are: Abdul Razzak Ananthady (Beary education), T S Hussain (Beary literature), Abdul Majeed Suralpady (General), Asif Karnad (social service) and Ali Kunhi Paare (Beary organisation). 

The Academy’s "Gaurava Prashasti consists of Rs 50,000 cash prize, shawl, garland and citation, while "Gaurava Puraskara" consists of Rs 10,000 cash prize, shawl, garland and citation.

Mr Uchil said that the awards will be conferred in a formal function after discussing the dates with chief minister once the covid-19 situation comes under control. Even though the winners for the year 2018 were announced, they weren’t conferred on the achievers. Hence those awards also will be conferred in the same ceremony, he said.

About the winners:

Basheer Ahmed Kinya: He has been involved with the Beary music sector since the last 21 years in the form of singer, and poet. He has provided lyrics for over 150 Beary audio cassettes and also sang them. His first audio cassette, Maskattoru Kallas' had created a record by getting sold out within four to five days. He has also created several non-stop cassettes and Duf songs. 
 
Veena Mangaluru: She has acted in the first Beary cinema. She has acted in over a thousand plays in different languages. 'Mami Marmolu', Kurfat Katte/Amadakaro Chiri, and Shamimarabal are some of the plays she has acted in. 
 
Siddique Manjeshwar: A social worker and activist. Through social media, he led a blood donation campaign and thereby helped thousands of people.  There are over 10,000 members in his 54 WhatsApp groups who are ready for blood donation. His ‘Blood Donate Mangaluru’ drive has been able to collect over 26,000 units of blood and conducting over 250 blood donation camps so far. He was honoured with a special award of the chief minister of Kerala. 

Dr Muhammed Ismail: Dr Muhammed Ismail completed his medical education in 1989 and has been serving different hospitals since the last 30 years being a highly respected doctor. He also is an honorary medical officer of the Wenlock Hospital Mangaluru. He has served as an office-bearer of Indian Medical Association, Karnataka Medico-legal Society etc.
 
T A Mohammed Asif: He has been providing education to over 360 students from LKG to the eighth standard through Adarsh Group of educational institutions. He is also active in the social sector and has distributed school bags and books to poor students. During the lockdown, he distributed free food items worth about Rs 10 lac.
 
Ilyas Mangaluru: He had fought against the menace of dowry. He has got over 500 girls married through an organization, 'Dowry Free Nikah'. He has also created an app, Free Nikah, which helps boys and girls to find suitable matches. 
 
Rash Beary: Abdul Rasheed aka Rash Beary is known for using social media to help the people. By establishing 'Beary Nikah Helpline' he has helped several poor Beary women to get married. He also provides free counselling services to couples from all religions. With the help of donors, he keeps distributing clothes and food among needy.

Safwan Shah Bahrain: A well-known Beary singer, he has sung several songs in past one decade. He has been organizing various Beary programmes in Bahrain for past eight years. He had undertaken the adventure of jumping from the air from a height of 13,000 feet with the Indian flag in hand. 

Abdul Razack Ananantady: A PU college lecturer by profession, he has conducted over 500 pre-exam training camps and functioned as a resource person in leadership and personality development training. He has been conducting training and lectures for students and their parents on learning nutrition, and life values. His addresses on education and cultural aspects have been aired by Akashvani.

Abdul Rahiman Kuthethur: He was the co-editor or Beary Kannada - English dictionary and editor of the first-ever Beary grammar book released in 2019. He also is a member of the experts' committee on the Beary language textbook. He has translated Panchatantra stories, Sarvajna Vachanas etc into Beary language and published collection of poems.

Ismail Tannirbavi: He is known as a Beary theatre personality, who started acting at the age of 17. He has acted in over 300 plays including Beary, Tulu and Kannada. He has been in the theatre since the last 55 year and his plays have been presented in countries like Muscat and Kuwait. 
 
Ahmed Bawa Moidin: A social worker and member of the Beary Study chair. He also is the life member of Beary Sahitya Parishad and member of Human Ethical Committee of Mangalore University. He was the founder vice president of Mangalore Merchant Associate and member of divisional railway users consultative/committee. He has donated blood 53 times. 

 T S Hussain: Hussain is a veteran Beary writer who has defied blindness. He faced many difficulties and challenges in life and also met with an accident in 2008. Because of this accident, his eyesight had become very weak. He continued with the creation of works with determination in spite of failing eyesight with help from friends. He has authored two works and was appreciated for their content. Thereafter, he authored two more works. In 2018, he wrote another work.
 
Abdul Majeed Suralpady: A social worker and activist, he has served in various organizations. He served as the president of Suralpady government higher primary school for 21 years. He also served as the president of the educational committee of South Karnataka Sunni Centre's Al Ihsan English Medium School and got government recognition for the school. He set up PU college for girls and laid two-way road at Kaikamba besides bus shelter, toilet, drinking water system and building for police check post.
 
Apatbandhava Asif Karnad: He has been serving as an ambulance driver for the last ten years. He readily carries dead bodies and performs funeral. and done so for over a thousand bodies so far. Whenever he comes across mentally unsound people on the road, he gives them a wash and admits them to Ashrams. He has also been maintaining Maimoon Foundation Apatbhandhava Sycho Rehabilitation Centre.
 
Alikunhi Pare: He is the founder president of 'Melthene', a forum of Beary writers and artists. He has also served social, literary, organizational and religious sectors. He has been identified with several organizations including Mangaluru taluk Yuvajana Okkota and Dakshina Kannada and Udupi Muslim Central Committee.

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