SC suspends triple talaq for 6 months, asks Parliament to make a law

Agencies
August 22, 2017

New Delhi, Aug 22: In a landmark judgment, the Supreme Court on Tuesday suspended the triple talaq verdict for the next six months with immediate effect. The top court also asked the Parliament to bring in the new law to govern the issue. Three out of five judges hearing the case have declared triple talaq as 'arbitary' and 'unconstitutional'.

A five-judge bench comprising of Chief Justice Jagdish Singh Khehar, Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S Abdul Nazeer – all from different religious communities including Sikh, Christian, Parsi, Hindu and Muslim – heard seven pleas, including five separate petitions, filed by Muslim women challenging the prevalent practice of triple talaq in the community.

Uttarakhand-based Shayara Bano was the first to file a petition in the Supreme Court of India challenging the constitutional validity of Triple talaq.

Expressing happiness on the judgement, Bano told Zee News, “I know the law of triple talaq cannot end. But the Supreme Court has ended the practice. It's a great judgment for Muslim women across the country and for our future generation.”

She further added, “There is no mention of teen talaq in Quraon. It's a fabrication of the society.”

“I have not even seen my children in the last two-three years. I don't know what's happening to them. I hope no one goes through such tremendous mental pressure. Because of triple talaq, children are suffering physical and mental harassment,” said Bano.

“Triple Talaq is a violation to equlity and the dignity of a woman,” said Monika Arora, Supreme Court advocate.

The judges had reserved its verdict on May 18 after a six-day marathon hearing during the summer vacation.

The Chief Justice of India (CJI) J S Khehar, while reading the judgement, said that "talaq-e-biddat is not in violation of articles 14,15, 21 and 25 of the Constitution."

He further said the talaq-e-biddat is an integral part of Sunni community, which is being practiced for the last 1000 years.

During the hearing, the top court observed that the practice of triple talaq was the "worst" and "not a desirable" form of dissolution of marriage among Muslims, even though there were schools of thought which called it "legal".

The Centre had told the bench that it introduce a new law to regulate the instant divorce practice among Muslims, if triple talaq is held invalid and unconstitutional by the top court.

The government had termed all the three forms of divorce among the Muslim community - talaq-e-biddat, talaq hasan and talaq ahsan, as "unilateral" and "extra-judicial"

As the Centre sought to flag the issue of gender equality of Muslim women vis-a-vis women in other religions and in Islamic countries, the All India Muslim Personal Law Board (AIMPLB) asked it to bring a law taking recourse to Article 25 (2)(b) of the Constitution that permits enactment of law invoking social reforms.

However, AIMPLB had cautioned the constitution bench that "testing the validity of customs and practices was a slippery slope" and cautioned the bench that "testing the validity of customs and practices was a slippery slope".

In the course of the hearing, the AIMPLB issued an advisory to telling the qazis to give an option to Muslim women to opt out of instant triple talaq before giving consent for nikah.

Senior advocate Kapil Sibal, appearing for All India Muslim Personal Law Board (AIMPLB), had equated the issue of triple talaq with the belief that Lord Rama was born in Ayodhya and these were matters of faith which cannot be tested on grounds of constitutional morality.

Comments

Close your eyes and think who created this, when i was close my eyes i can`t see anything and ask your creator to guide me in Right path , Don't blame Islam , blame yourself that you can`t identify your  creator.

Sangeeth
 - 
Tuesday, 22 Aug 2017

Dear Saleem, If you want to live in India, then you should follow Indian laws and rules. Any country like that only. I cant live in Saudi without following their rules. Modiji is doing right thing in that way...

Sandesh
 - 
Tuesday, 22 Aug 2017

True mr. unknown. "Islam not just a religion its a lifestlye for peaceful life BY DIVORCING WIFE VERBALLY JUST SAYING TALAQ"

Unknown
 - 
Tuesday, 22 Aug 2017

Islam not just a religion its a lifestlye for peaceful life

Saleem
 - 
Tuesday, 22 Aug 2017

SC cant decide our laws

Rakesh
 - 
Tuesday, 22 Aug 2017

Contradiction is in the case of PM

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News Network
February 10,2020

Hyderabad, Feb 10: All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi continued his tirade against PM Modi and Amit Shah against Citizenship Amendment Act (CAA), National Population Register (NPR) and National Register of Citizens (NRC). "We are ready to take bullets in our chests but we will not show our papers.

We are ready to take bullets in our chests as we love our country," Owaisi said further.

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News Network
April 2,2020

Bidar, Apr 2: Karnataka Health Minister B Sriramulu on Thursday confirmed that 11 people out of 27 in Bidar, who had participated in Tablighi Jamaat at Delhi's Nizamuddin Markat have been tested positive for COVID-19.

Speaking to news agency, Karnataka Health Minister said, "We are monitoring 362 people who had attended Nizamuddin Markaz in Delhi. Out of 27 people from Bidar who had attended, 11 have tested positive for COVID-19, while results of 16 others are awaited. Total positive cases in the state are 121."
Meanwhile, Tablighi Jamaat's Maulana Saad has stated that he will fully support the government in its fight against the coronavirus.

This comes soon after an FIR was registered against him in connection with the religious gathering organised in Markaz Nizamuddin area of the national capital.

A huge religious gathering was held at the Markaz building in Nizamuddin between March 13-15, the event came into the spotlight after multiple coronavirus cases were confirmed amongst those who attended the event held in mid-March.

An FIR has been registered against Tablighi Jamaat head Maulana Saad and others under the Epidemic Disease Act 1897 in Delhi.
A total of 2,361 people were brought out from the Markaz in a joint operation by authorities which lasted for over 36 hours, following which the South Delhi Municipal Corporation had carried out a sanitisation of the premises and nearby area.

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News Network
May 22,2020

Thiruvananthapuram, May 22: Domestic flyers arriving in Kerala must undergo strict home quarantine as per the lockdown guidelines, in view of increasing COVID-19 cases in the state, Health Minister K K Shailaja said on Friday.

"Even if the domestic flight services resume, those coming in must remain under strict home quarantine as per the guidelines.

There is no change in that. Most people will be coming from the major hotspots of the country," she said.

Announcing the resumption of domestic flight services from May 25, the Civil Aviation Ministry had indicated on Thursday that it was not in favour of quarantining passengers on short-haul flights.

However, the Assam government has made it mandatory for all air passengers coming to that state to stay in quarantine for 14 days.

Apart from the health department and the local self government institutions, Shailaja said the people of Kerala must also ensure that every returnee to the state remained under strict home quarantine in order to curb the spread of the disease.

"We need to strictly keep under observation all those who come fromoutside the state and make sure that they do not come into contact with others including their family members.

They should be effectively remain under room quarantine at their residence," she said.

The state reported 690 cases after 24 more tested positive for coronavirus on Thursday.

As of now over 80,000 people are under observation across the state.

On the death of a 73-year-old woman, who came from Mumbai, on Thursday, the minister said, "Khadijakuttycame from Mumbai along with three others. She alighted at Chavakkad. Her son who picked her up from there took her to the govt hospital as she was tired. She was given good care."

"However, as her condition worsened, had taken a decision to sent her to the medicalcollege. Her swab test was taken and she was tested positive, but she passed away," Shailaja said.

The minister sounded a word of caution that there would be an increase in cases in the coming days as the influx of people coming from abroad and other states would continue.

"We cannot prevent anyone from coming. They are our brothers and were suffering there. We need to save those who come here and also those who are here," the Minister said.

Shailaja said the southern state had successfully managed the first two phases of the viral outbreak in January and March.

"There were three deaths. But we managed to save the rest of the people including a 93-year-old man," she said.

The Minister further said the situation in the state changed after flight services resumed and the border roads were re-opened after May 7.

"Our fatality rate is low and recovery rate is high.

After May 7, when the flight restrictions were lifted and people from other states started coming in, we reported 188 cases.

At least 90 per cent of the positive cases came from outside and the rest are their contacts," she noted.

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