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
May 6,2020

Mangaluru, May 6: The Karnataka NRI Forum - UAE has collected the details of those seeking to return to Karnataka amidst coronavirus lockdown.

Of these, 121 of these expats are pregnant women, 27 are senior citizens, 157 are in urgent medical need, 522 are unemployed, 377 are in the UAE on visit visa, 109 are in the UAE on expired residency visa, 30 are students and 566 others.

On Tuesday, May 5, the Government of India released a list of flight schedules for the repatriation of Indians who are stranded abroad. "...sadly we do not see any flights going from UAE to Karnataka," the KNRI said in a letter to Union Minister of Chemicals and Fertilizers D V Sadananda Gowda, who is also a Kannadiga.

"We, Dubai Anivasi Kannadigaru and KNRI have collected the information of those who are in dire condition and would like to travel immediately. We would like to bring to your attention that in this list there are pregnant women and senior citizens who are in critical conditions and are waiting to travel," the KNRI wrote, urging the Union Minister to start at least one flight to Mangaluru as the majority are from this coastal city and not from Bengaluru.

Additionally, in order to help these struggling Kannadigas, the KNRI has notified the Government of India and Government of Karnataka several times through letters and conference calls, along with the Kannadiga's helpline, UAE.

With the help of likeminded businessmen and professionals, the KNRI Forum and Dubai Anivasi Kannadigaru have opened a helpline called "Kannadigas Helpline" through which they have received around 2,500 requests for food, medical, legal and other assistance.

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 19,2020

Mangaluru, Jul 19: Palakkad Division of Southern Railway that has jurisdiction over Mangaluru Railway region has established a business development unit (BDU) to cater to the transportation of various sectors, including non-bulk goods traffic, namely, white goods, finished products, manufactured products, agricultural produce and raw material.

In a statement issued here on Sunday said that the BDU’s mandate was to facilitate seamless interaction between the Railways on the one hand and industry, trade representatives and rail freight customers on the other at appropriate zonal or divisional levels. The unit was also expected to help expeditious clearance of their proposals for freight movement.

Palakkad Divisional Railway Manager Pratap Singh Shami established the BDU in line with the similar unit at the zonal level with other divisions of SR too setting up similar units. Palakkad BDU would work under the supervision of Additional DRM-II CT Sakkeer Hussain while Senior Divisional Operations Manager PL Ashok Kumar was its convener with Senior Divisional Commercial Manager Jerin G Anand, Senior Divisional Mechanical Engineer KV Sundaresan and Senior Divisional Finance Manager AP Sivachandrar were its members.

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
March 25,2020

Bengaluru, Mar 25 : Karnataka recorded its highest single-day tally to date, as 10 people tested positive, taking the total number of cases to 51 in the state.

“Till date 51 COVID-19 positive cases have been confirmed in the state which includes one death and three discharged," the health department said in a statement on Wednesday.

The rise in cases adding to the growing national tally of people who have tested positive for COVID-19.

The daughter of a former union minister from the Bharatiya Janata Party (BJP) from Karnataka has also tested positive.

Bengaluru accounts for 32 of the total 51 cases recorded in the state so far,including three who have fully recovered and released.

Dakshina Kannada has five confirmed cases, Chikkaballapura and Kalaburagi has three cases each, Mysuru has and Uttara Kannada has two cases each and four other districts have one case each.

Prime Minister Narendra Modi has announced a 21-day lockdown of the country to keep people indoors and contain the spread of the virus in the community.

The government has also been trying to scale up testing.

Medical education minister K.Sudhakar on Wednesday told Mint that Karnataka will scale up testing by 10-fold with the help of government and private labs approved by the Indian Council of Medical Research (ICMR).

A total of 2,438 people have been tested in Karnataka and 2242 have tested negative, according to state health department. 214 people are lodged in medical hospitals.

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.