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 ????

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
February 4,2020

Bengaluru, Feb 4: The possibility of defeated MLA CP Yogeshwar being inducted into chief minister BS Yediyurappa’s cabinet is causing ripples within the ruling BJP, with many legislators, especially from Kalyana-Karnataka region, raising a banner of revolt.

Several MLAs led by Surapur legislator Narasimha Nayak, also known as Raju Gouda, held a meeting at the Legislators Home on Monday and voiced their opposition.

"When there are more than two dozen MLAs aspiring for a cabinet berth, making a former MLA a minister is beyond logic," Gouda said. "We will convey our feelings to Yediyurappa and state BJP president Nalin Kumar Kateel." Murugesh Nirani, Paranna Munavalli, Rajkumar Patil, Dattatreya Patil Revoor, Basavaraj Mattimud are among others who attended the meeting. MP Renukacharya, political secretary to the CM and Honnali MLA, was also present at the meeting. "Some more MLAs will join us when we meet again tomorrow," Gouda said.

The MLAs highlighted the issue of caste and regional imbalance in the council of ministers to further their cause. With four from Bengaluru and three from Belagavi district set to take oath on February 6, the share of MLAs from these districts in the cabinet will rise to seven and five respectively. Currently, 16 districts have no representation.

Sources say Yediyurappa and BJP’s national leadership decided to reward Yogeshwar with a cabinet berth for his "active" role in getting 17 Congress-JD(S) MLAs to resign and join the BJP, enabling the party to grab power. The party also believes he has the potential to become the Vokkaliga face of the BJP in the Old Mysuru region, where the party’s organisation is weak.

If Yogeshwar is inducted, he will be the second former MLA to make it to Yediyurappa cabinet after deputy CM Laxman Savadi, who lost the 2018 assembly polls. Several party MLAs were unhappy with Savadi’s elevation and are now upping the ante against the party leadership.

"Let Yogeshwar be made Rajya Sabha or council member. We have no problem. But making him minister is not acceptable. If they want to make defeated MLAs ministers, then why not AH Vishwanath and MTB Nagaraj, whose sacrifices brought BJP to power?" said Gouda.

Reports say Yediyurappa has promised Vishwanath and Nagaraj, the disqualified MLAs who lost the bypolls, that they would be made ministers in June. Both met Yediyurappa and secured this assurance. The two were demanding that they be inducted into the cabinet on Thursday.

Meanwhile, Vijayapura MLA Basavanagouda Patil Yatnal urged the CM to evaluate the performance of existing ministers and drop those found non-performing. "Many ministers don’t even come to the Vidhana Soudha. What is the use of having such ministers?" he asked.

Yediyurappa also continued to face pressure to induct Athani MLA Mahesh Kumatalli into the cabinet. The Jarkiholi brothers, Ramesh and Balachandra met Yediyurappa separately on Monday with a request to make Kumatalli, their confidant, a minister.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
July 3,2020

Bengaluru, Jul 3: Over 35 acres of land in nine villages on the outskirts of Bengaluru have been earmarked for burial and cremation of bodies of COVID-19 victims after concerns were raised over the safety of funerals being held in burial grounds located in residential areas.

Deputy Commissioner of Bengaluru Urban District GN Shivamurthy issued an order setting apart about 35.5 acres in the villages under four Taluks of Bengaluru North, Bengaluru South, Anekal and Yelahanka.

The order directed the respective Tahsildars to register these chunks of land as reserved for burial grounds and not to use for any purpose.

According to the sources in the district administration, Karnataka Health Minister B Sriramulu and Revenue Minister R Ashoka had directed the officials to identify places on the city outskirts to dispose of the bodies of COVID-19 victims.

Mr Sriramulu had on Wednesday said COVID-19 victims will not be laid to rest in burial grounds in the city and separate places will be earmarked on the outskirts in the backdrop of safety concerns raised by public.

He had also warned against unscientific disposal of used Personal Protection Equipment kits worn by the families of the victim for the final rites, referring to reports about such instances.

In some places, people have also expressed concern over bodies of those who died of the coronavirus being buried in their neighbourhood.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
July 15,2020

Bengaluru, Jul 15: As on Wednesday, Bengaluru witnessed its first day of lockdown after rising number of Corona cases in the city. In a latest development, popular Kannada actor Dhruva Sarja and his wife Prerana Sarja have tested positive for COVID-19 sending shockwaves in the indutry.

Dhruva Sarja is the nephew of Arjun Sarja and younger brother of Chiranjeevi Sarja who passed away last month after suffering a massive heart attack.

The actor has requested people, who came in contact with them, to get tested immediately.

"My wife and I have both been tested positive for COVID-19 with mild symptoms and hence chosen to get ourselves hospitalised. I'm sure we'll be back all fine! All those who were in close proximity with us please get yourselves tested and remain safe," he tweeted.

In recent times, Mandya MP and popular actress Sumalatha Ambereesh too tested positive, now Dhruva Sarja is the second notable celebrity from Sandalwood to have tested positive for COVID-19.

A source close to the actor's family says that "During Chiranjeevi's funeral last month, some sections of people who had attended had also tested positive, as social distancing rules were not followed by those who attended the funeral. But now, the family has quarantined and there is no cause for worry. Dhruva has also requested all his primary contact to come forward voluntarily and get tested."

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.