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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coastaldigest.com news network
April 23,2020

Mangaluru, Apr 23: Muslims in coastal Karnataka will fast tomorrow (April 24) along with Middle Eastern Muslims as the Khazis in the region have confirmed the beginning of the blessed month of Ramadan tonight.

Religious authorities in Saudi Arabia and a few Middle Eastern countries have already declared that Friday will be the start of the month of fasting.

In Kerala and twin districts of coastal Karnataka - Dakshina Kannada and Udupi- the announcement was made following maghrib praers as the cresent moon was sighted in a few places in Kerala.

The Thakbeer was pronounced from the minarets of the mosques across Dakshina Kannada and Udupi after Maghrib Namaz as the religious heads confirmed the moon sighting. 

However, the religious heads including Mangaluru Khazi Twaqa Ahmed Musliar and Udupi Khazi Ibrahim Musliyar Bekal, have urged the Muslims to offer all the prayers including Taraveeh at homes along with family members due to the lockdown imposed to prevent the spread of coronavirus. 

There will be no congregational taraveeh prayers in mosques and Muslims should follow the covid-19 guidelines of the government, they stated.

Ramadan begins around 11 days earlier each year. Its start is calculated based on the sighting of the new moon, which marks the beginning of the Muslim lunar month that varies between 29 or 30 days.

During the month, Muslims are expected to abstain during daylight hours from food, drink, smoking and sex to focus on spirituality.

Comments

Sajid
 - 
Thursday, 23 Apr 2020

How it is possible that only Kerala people can witness the moon? 

 

Can they come forward in Media and give Shahaadah, why the other parts of India will not follow.

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News Network
February 3,2020

Mumbai, Feb 3: Maharashtra Chief Minister Uddhav Thackeray, whose party severed ties with the BJP after the state elections, on Monday said that if somebody breaks a promise, "pain and anger is obvious".

"No, I did not get any shock," Thackeray said in an interview with Shiv Sena mouthpiece Saamana while talking about forming an alliance with NCP and Congress, and becoming the Maharashtra Chief Minister.

"I am a son of Shiv Sena Pramukh (Balasaheb Thackeray), several people tried to give a shock to me but they didn't succeed. This is a field where you have to accept in the beginning that there will be a bit pushing and pulling," Thackeray said.

He added that accepting the Chief Minister's post was not a shock for him and neither was it his "dream at any point of time".

"But I can say one thing for sure that I had decided to go to any level to fulfil the promise which I made to Balasaheb Thackeray. I want to further clear it that me becoming Chief Minister is not the fulfilling of the promise made to Shiv Sena Pramukh but it's just a step towards that. I will fulfil every promise which I made to my father," Uddhav Thackeray said.

"There are several types of shock. Did people like it or not, it is the important part. I have spoken on this issue (alliance with NCP and Congress) several times and even people have understood this. Making promises and keeping them are two different things. If someone breaks a promise, pain and anger is obvious," he added.

The Chief Minister said that he does not know if BJP "has come out their shock till now or not."

"But I have to say if they had kept their promise what would have happened, what a big deal had I asked for? Did I ask for stars and moon? I only asked for what was decided before Lok Sabha polls, when we decided seat distribution," he said.

He further said, "Maharashtra and the country are watching (who betrayed/shocked whom), I don't need to say much on this."

Soon after the Assembly election results, Shiv Sena demanded rotation of the chief minister's post and equal power-sharing in the state government, which was rejected by then ally BJP. The weeks of political stalemate led to the imposition of President's rule on November 13.

Firm on its demands, Sena, the second-largest party in the state, did not hesitate to cobble up with the ideological opponents -- NCP and Congress -- and was given the chief minister's post.

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News Network
April 28,2020

New Delhi, Apr 28: With 1,594 new cases of COVID-19 reported in the last 24 hours and 51 deaths, India's total count of coronavirus cases surged to 29,974, said the Union Ministry of Health and Family Welfare on Tuesday.

The total cases are inclusive of 7,026 cured and discharged patients, one migrated and 937 deaths.

At present, there are 22,010 active COVID-19 cases in the country.

Addressing a press conference here, Lav Agarwal, Joint Secretary, Union Health and Family Welfare Ministry, said that in the last 28 days, 17 districts have had no new Covid-19 cases. "This means we need to maintain constant vigil," he added.

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