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 11,2020

Bengaluru, Jun 11: A love triangle took a violent turn when a final-year engineering student was assaulted by both her current and former lovers. She's now battling for her life in the ICU, police said. 

For the 22-year-old woman, who lives in Sidedahalli, it was a case of fast-changing relationships. She broke up with a fellow student Babith, 21, a few months ago after having dated him for four years. Four months ago, she started seeing another collegemate named Rahul, 22, and everything seemed fine. 

On June 7, she went to Rahul's house, ostensibly for his birthday party, after informing her parents. Babith got wind of it and barged into Rahul's house. The trio got into an argument, and Rahul abused and assaulted her. 

The woman decided to leave him, and went with Babith to his house in Chikkabanavara, North Bengaluru. But things didn't end there. Babith picked an argument with her. Things became so bad that he attacked her with a helmet. 

He then panicked and called her parents, asking them to take her home. When her parents arrived, they found only Babith, his mother and sister in the house. Babith's family directed them to a bedroom where she was lying motionless, with her face being badly wounded. 

When her parents demanded to know what had happened, nobody responded. They took her to a hospital where her condition remains serious. A while later, Babith came to the hospital and gave her parents the key of her scooter. He told them what had happened and allegedly warned them against filing a police complaint. 

Her mother, however, filed a complaint with the jurisdictional Soladevanahalli police. According to her, Babith had fought with her daughter at their house for not taking his phone calls six months ago. 

Shashikumar N, Deputy Commissioner of Police (North), said both the men had been arrested and that further investigations are underway. 

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News Network
March 5,2020

Mar 5: The Karnataka government on Thursday proposed to increase rate of tax on petrol and diesel by three per cent which would make the fuel dearer by Rs 1.60 and Rs 1.59 per litre, respectively.

Presenting the 2020-21 budget in the Legislative Assembly, Chief Minister B S Yediyurappa proposed to increase rate of tax on petrol from 32 per cent to 35 per cent and diesel from 21 per cent to 24 per cent, as part of additional resource mobilisation measures.

Yediyurappa, who also holds the finance portfolio, increased excise duty on Indian Made Liquor (KML) across 18 slabs by six per cent.

However, to promote affordable housing, the government proposed to reduce stamp duty on first time registration of new apartments/flats costing less than Rs 20 lakh from existing five per cent to two per cent.

This is the first budget of the BJP government after coming to power last year; it's the seventh presented by Yediyurappa.

"For the year 2020-21, a total amount of Rs 55,732 crore is provided for stimulating economic growth sector", the Chief Minister said.

He said the revenue collection target for the Commercial Taxes department for the year 2020-21 is fixed at Rs 82,443 crore.

Stating the government had fixed a revenue target of Rs 20,950 crore for the excise department for the year 2019- 20, he said at the end of February Rs 19,701 crore had been collected.

"We hope to achieve the budget target."

He also hoped with the increase in rates and effective enforcement and regulatory measures, the Excise department would be achieving the target of Rs 22,700 crore fixed for the financial year 2020-21.

On the transport sector, Yediyurappa said it is proposed to levy motor vehicle tax on contract carriages having seating capacity to carry more than 12 passengers, but not more than 20 passengers at the rate of Rs 900 per seat per quarter.

He said it is also proposed to levy vehicle tax on new model sleeper coaches which are granted permits under section 88 (9) of MV Act 1988 at the rate of Rs 4,000 per sleeper per quarter.

Noting that a target of Rs 7,100 crore revenue collection is expected to be achieved in 2019-20 in transport sector, he said for 2020-21 revenue collection target has been fixed at Rs 7,115 crore.

He said the revenue collection target for 2019-20 under stamps and registration was fixed at Rs 11,828 crore and against this Rs 10,248 crore has been collected till the end of February 2020 which is 87 per cent of full year target.

While the revenue collection target for 2020-21 under stamps and registration is fixed at Rs 12,655 crore.

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News Network
July 7,2020

Tumakuru, Jul 7: Coronavirus is spreading at the community level in Karnataka, said minister, JC Madhuswamy on Monday.

"Medical condition of eight infected with coronavirus admitted in Tumkur COVID Hospital is critical. There is no guarantee of their lives as per the information. We somewhere feel we are worried that coronavirus is spreading at the community level," Madhuswamy, Tumakuru district-in-charge minister, told reporters here.

"We have reached a point where it is difficult for the district authorities to restrain it, even though we are trying to restrain it. Somewhere the situation is going out of hand," he said.

The minister confirmed that the cumulative toll in the district due to COVID-19 rises to 9.

Earlier, Chief Minister BS Yediyurappa, Deputy CM Ashwath Narayan, Medical Education Minister Dr Sudhakar have denied of community transmission of coronavirus in Karnataka.

According to the Ministry of Health and Family Welfare, there are 23,474 coronavirus cases in Karnataka including 13,255 and 372 deaths.

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