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
January 3,2020

Thiruvananthapuram, Jan 3: Kerala Chief Minister Pinarayi Vijayan on Friday wrote letters to 11 Chief Ministers including Arvind Kejriwal--Delhi and Mamata Banerjee, West Bengal-- pointing out apprehensions that had arisen among large sections of society consequent to the Citizenship Amendment Act (CAA) - 2019.

In his letter, the Chief Minister said "the need of the hour is unity among all Indians who wish to protect and preserve our cherished values of democracy and secularism."

People from various cross-sections of the society irrespective of any difference they might have, need to stand united in preserving the basic tenets of our polity which form the cornerstone of Indian democracy, he added.

"We are sure that our unity in diversity, which has stood the test of times will ultimately emerge stronger. Kerala has decided to address the apprehensions about NRC and that preparation of NPR will lead to NRC by staying all activities relating to NPR in the State," Mr Vijayan said.

In this regard, the Kerala Legislative Assembly had passed the resolution on December 31, 2019, expressing its concern regarding the impact the CAA will have on the nation's secular credentials, he said.

"The resolution requested the Central Government to repeal the CAA, 2019. States, which have the opinion that CAA should be repealed can also consider similar steps so that it will be an eye-opener to the proponents of the CAA and the NRC," the Chief Minister pointed out.

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News Network
June 21,2020

Kannur, Jun 21: Customs sleuths on Sunday seized 432 grams of gold worth around Rs 20 lakh from a passenger who arrived at Kannur International Airport from Dubai in Fly Dubai flight, scheduled under Vande Bharat Mission.

Customs Assistant Commissioner E Vikas-led team seized the smuggled gold from the passenger Usman of Malappuram district and detained him, sources said.

The seized gold was kept in his inner-wear.

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Media Release
July 30,2020

Jeddah: The first chartered flight for repatriation passengers from Jeddah to Bengaluru organized by Karnataka NRI Forum Jeddah – Saudi Arabia was successfully landed at Bengaluru airport by 01.00 am on 19th July 2020.

Spice Jet (SG9884) departed from King Abdul Aziz International Airport Jeddah by 05.00 pm local time with 177 stranded passengers which includes 12 Pregnant Woman, 3 infants, 44 Short term visa holders, 3 medical emergency patients and 115 migrate workers and labours from various districts of Karnataka state.

Karnataka NRI Forum Jeddah, a registered charitable organization under Government of Karnataka & Indian Consulate Jeddah - Saudi Arabia, helping the Kannadigas overseas & in Karnataka State as well, has initiated major role for helping stranded Kannadigas to travel back to home. During Pandemic hundreds of stranded Kannadigas were approached to the forum and requested to arrange special chartered flight to Bengaluru from Jeddah.

Initiating from collecting the data of passengers, the forum’s special panel including its President Mr. Mohammed Mansoor, Secretary Mr. Peter Mascarenes, Vice Presidents Mr. Nasir Khurshid, Dr.Ashfaque Maniyar, Chief Coordinator Mr. Shaikh Saoud, Cultural Secretaries Mr. Arifulla Shariff and Mr. Rajesh Suvarna, Treasurer Mr. Habib Rahman and Press Secretary Mr. Baig, the forum’s members have worked very hard to conclude this task very successful. 

The forum provided food packets as refreshment, complementary PPE kitsto each passenger as precaution against the spread of any infections while travelling and also guided all passengers by supporting them in Awdha portal (Saudi Passport Department) and Seva Sindhu portal registration of Government of Karnataka.

The official travel partner ITL Travel Management Company has rendered remarkable service to the passengers not only in ticketing but also supported with top priority in confirming the aircraft from SPICE JET and availed good service from ground staff at Jeddah Airport. 

All passengers have reached safely to their homes after completing the 7 days institutional quarantine at Bengaluru. 100% passengers had NEGETIVE report on Covid-19 test made on arrival as well as after institutional quarantine. 

In the press release published from the President, Mr. Mohammed Mansoor has expressed his prodigious gratitude to the Ambassador of India to Saudi Arabia H. E. Dr. Ausaf Sayeed, Deputy Consul General of India - Jeddah Mr. Y Saber and Chief Minister of Karnataka State Shri B. S. Yediyurappafor providing necessary approvals and NOC for the chartered flight operation. He also conveyed his boundless appreciationto Shri B. Y. Raghavendra, Member of Parliament Shimoga District (Karnataka) for his swift support extended to the forum and as well to Dr. Aarathi Krishna, Ex-Deputy Chairperson – NRI Forum of Karnataka – Government of Karnataka for her significant guidance and support on completing this mission.

The forum has thanked all the officers in King Abdul Aziz International Airport Jeddah and Kempegowda International Airport Bengaluru for the facilities provided to the passengers. The Forum has thanked all passengers travelled for their calmness and also thanked to all other members of the forum, Staff of ITL Travels and SPICE JET for their tremendous support extended throughout the mission accomplishment.

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