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
June 18,2020

Bengaluru, Jun 18: Examination for PU II English paper, which was postponed for more than three months due to threat of Coronavirus, was held on Thursday across the state.

The authorities were forced to postpone the examination of the English subject, scheduled in March, abruptly due to the threat of Covid-19 which spread like wildfire and has so far claimed lives of more than 100 in the state.

There are over 1,016 examination centres across the state. All the students were put to thermal scanners and were ensured wearing face masks. Each centre has sanitisers. Those with cold, cough and fever were assigned a separate room.

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News Network
June 8,2020

Bengaluru, Jun 8: Veteran Congress leader Mallikarjun Kharge on Monday filed his nomination as the party's candidate for the June 19 Rajya Sabha polls from Karnataka.

The former union minister filed his nomination in the presence of KPCC President D K Shivakumar, Leader of Opposition Siddaramaiah and other senior party leaders at the office of Legislative Assembly Secretary M K Vishalakshi, who is the returning officer for the polls.

Ahead of filing of nomination, the Congress Legislature Party meeting was held under the leadership of Siddaramaiah, after which Shivakumar issued "B-form" to Kharge.

The Congress high command on June 5 had announced Kharge as the party's candidate for the Rajya Sabha polls.

The election is scheduled on June 19 to fill four Rajya Sabha seats from Karnataka represented by Rajeev Gowda and BK Hariprasad of the Congress, Prabhakar Kore of the BJP and D Kupendra Reddy of the JD(S) that will fall vacant on June 25, with their retirement.

June 9 is the last date for filing nominations.

Congress with 68 MLAs in the assembly can win one of the four seats easily on its own, so Kharge's victory is said to be certain.

This will be the first stint in Rajya Sabha for Kharge, who has always got elected directly by the people in his political career spanning over four decades.

The leader, earlier popularly known as "solillada Saradara", (a leader without defeat), faced his first electoral loss in his political life against BJP's Umesh Jadhav in Gulbarga by a margin of 95,452 votes during the 2019 Lok Sabha polls.

A nine-time MLA and two-term Lok Sabha member, he had served as Congress floor leader in the previous Lok Sabha, and also as Union Railway and Labour Minister during the UPA government.

Kharge, who is 77-years-old, has also served as minister during several Congress governments in the state, and as KPCC President and Leader of Opposition in the Karnataka Assembly in the past.

His son, Priyank Kharge, is currently MLA representing Chittapur constituency and had served as minister during the previous Congress and coalition governments.

JD(S) patriarch and former Prime Minister HD Deve Gowda is the JD(S) candidate.

The regional party that has 34 seats in the assembly is not in a position to win a seat in Rajya Sabha on its own, and will need the support from the Congress with its surplus votes.

A minimum of 44 votes are required for candidates to win.

BJP with 117 members in the assembly (including Speaker), can ensure easy victory in two seats.

The BJP's central leadership on Monday sprang a surprise by fielding Eranna Kadadi and Ashok Gasti as its candidates for the Rajya Sabha election ignoring the recommendations of the state BJP unit.

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News Network
March 9,2020

Bengaluru, Mar 9: The political crisis faced by Kamal Nath government in Madhya Pradesh appears to have accentuated with 13 party MLAs and six ministers reported to be in Bengaluru.

The developments have come amid factional differences in the party unit and at a time the party has to finalise its Rajya Sabha candidates from the state.

Sources said the number of Congress MLAs who were in Bengaluru had gone up to 19 and one more MLA expected to reach Bengaluru by Monday night. They said the MLAs have come in batches and include six ministers from Madhya Pradesh.

The developments came on a day state chief Chief Minister Kamal Nath met party chief Sonia Gandhi and discussed the political situation in the state.

The sources said that MLAs are likely to be shifted to a resort on the outskirts of Bengaluru.

According to the sources, BJP Mahadevpura MLA Arvind Limbavali has been in touch with the Congress MLAs. They said 16 MLAs were brought at HAL airport Bengaluru by a special flight and were staying in a hotel at present.

The session of Madhya Pradesh assembly will begin on March 16 and the BJP may bring no-confidence motion against the Kamal Nath government.

Kamal Nath had said after his meeting with Gandhi that Congress MLAs who were reportedly missing have returned and had informed him that they were on 'tirth yatra'.

"Congress MLAs came back and said to me that they went on' tirth yatra (pilgrimage)".

The Congress has accused the BJP of trying to topple the party government. Party leader Digvijaya Singh had earlier alleged that BJP leaders Shivraj Singh Chouhan and Narottam Mishra were offering bribes of Rs 25-35 crore to Congress MLAs in order to bring down the Congress government in the state. The BJP had refuted the allegations.

In 2018 assembly elections, Congress won 114 seats in the 230-member Assembly and formed the government with the support of four Independent MLAs and two BSP MLAs and a legislator from the Samajwadi Party (SP). The BJP had secured 109 seats in the state assembly.

Last week,Madhya Pradesh Labour Minister Mahendra Singh Sisodia had warned that the state government will face a crisis if it "ignores or disrespects" party leader Jyotiraditya Scindia.

Scindia had said last month that he will not hesitate to hit the roads if promises made in a manifesto by Kamal Nath-led government in Madhya Pradesh were not fulfilled.

Kamal Nath had responded to the remarks saying, "To utar jayein" (Let him hit the streets if he wants to).

Congress MLA Bisahulal Singh, who was "missing" for the past few days, returned to Bhopal on Sunday and said he had gone on a pilgrimage.

Independent MLA Surendra Singh said on Monday that he was hoping to become a minister in Madhya Pradesh government soon.

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