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.”

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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

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 .??????????"

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...

Mr Shaji..... Kindly tell what the Quran tells about Talaq and how it was practised during the time of Prophet ( PBUH )

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.

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\""

Manoharji , Before making this comment have you consulted your Father Advani / Modi / Muthalik / Pagodia / Moochwala .......Good luck enjoy the day ....

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.

Is triple talaq in one time is allowed in Quran / Prophet ( PBUH ) ????

Any one can enlighten ????

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Mohammad Sirajul Hasan, former chief of JIH, passes away

coastaldigest.com news network

April 2,2020

Newsroom, Apr 2: Mohammad Sirajul Hasan, former chief (ameer) of Jamaat-e-Islami Hind, passed away today at a private hospital in Karnataka’s Raichur.

The 87-year-old was suffering from old age related diseases for past few years and he was staying with his elder son in Raichur.

He was the Karnataka (then Mysuru) unit chief of the JIH from 1st August,1958 to 6th April, 1984. Afterwards, he was appointed as the national secretary of the organization and held this post till he elected ameer for the term 1990-94. Previously, he also served the Jamaat as its Acting Ameer for about half a year. He was re-elected Ameer of the Jamaat for the terms 1995-99 and 2000-04.

He had also served as the vice president of the All India Muslim Personal Law Board for several years.

An orator and scholar, Sirajul Hasan was known for his scholarly lectures in Urdu and Hindi.

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2 Iranians accused of robbing cash from showrooms in Mangaluru, Udupi, Bengaluru arrested

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February 10,2020

Bengaluru, Feb 10: Two Iranian nationals have been arrested by the Karnataka police for allegedly stealing money from car showrooms by diverting cashiers’ attention in Mangaluru, Udupi and Bengaluru.

The arrested are Saeed Rostami, 26 and his friend Saber Hossein Eghbalzadeh, 35, are both residents of Tehran and in India on tourist visa. They were caught by the sleuths of Bengaluru’s RMC Yard police station.

The accused would approach the cashiers, asking for change for Rs 2000 notes to divert their attention and flee with cash from the showroom.

The duo landed in New Delhi on January 16. Later, they arrived in coastal Karnataka before reaching Bengaluru on February 1.

The same day around 4pm, the two visited Trident Automobile Pvt Ltd’s service centre in RMC Yard. They went to cashier Kiran and sought change for Rs 2000. One of them dropped the note and Kiran picked it up for him. Meanwhile, Kiran also noticed there was no change in his cash box and informed the duo accordingly.

“Kiran later realised Rs 44,000 was missing from the cash box. He verified CCTV footage and found the two visitors stole the money when he bent down to pick up the Rs 2000 note,” a police officer said.

Kiran filed a theft and cheating case against the men. RMC Yard police suggested Kiran circulate the footage at other car showrooms and service centres as they had heard about similar incidents being reported from Udupi, Mangaluru and other places in Bengaluru.

“Sharing of CCTV footage helped us nab the suspects. They visited a showroom near Cauvery junction on Ballari Road on February 6. The staff noticed the duo and realised they were the same guys, who had stolen the money at RMC Yard and informed us,” said police.

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Birders ‘Walk the Chirp’ in Manipal

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February 3,2020

A motley group of as many as 150 birders ‘walked the chirp’ in search of their feathered friends in and around the countryside of Manipal. The occasion was the 10th Edition of Manipal Bird Day organised by Manipal Birders Group on Sunday, February 2nd, 2020.

The day began ‘Bird Walk’ from Hotel Sheela Sagar (Opposite MIT campus) at 6:30 a.m. The birders divided themselves in smaller groups of 10-12 members and followed 13 different trails which took them through different terrains like hills, plains, paddy fields and wetlands. The idea was to sight as many birds as possible and record their presence in the region.

When the walk ended at about 10:00 a.m., the different groups have recorded a total of 125 species of birds, which was a bit lesser than the sighting of the yester years. “The 10th edition this year has seen a very good growth of interest among people. At the same time a decline has been seen in the bird species sighted compared to previous years,” said one of the organisers. Some of the rare birds sighted were Indian Pitta, Oriental Turtle Dove, Fork-Tailed Drongo Cuckoo, Orange Breasted Green Pigeon, Eurasian Marsh Harrier and Malabar Pied Hornbill.

The bird walk was followed with an interaction session at KMC Food Court and MAHE Vice Chancellor Dr. H. Vinod Bhat presided over the function. He felicitated six people who actively participated recently in a rescue mission of abandoned birds in Manipal.

A program then continued with a talk on ‘Ethical Photography’ by Dhruvam Desai, final year student of MIT, Manipal. This was followed by ‘Backyard Birding’ with Shubha Bhat from IISc Bangalore. She spoke on different ways to feed the birds with water using different materials for bird baths. “I have recorded 120 species of birds from bird baths in my garden,” she said. She encouraged the participants to have bird baths in their gardens or flats which will help quench the thirst of these little winged wonders during summer.

The participants involved themselves actively in the interaction sessions. The event was accompanied with an art exhibition titled ‘Feathered Jewels’ by Aditya Bhat. He presented around 18 paintings all from his memory of birding encounters.

Participation in Manipal Bird Day was open to all and entry was free.

MANIPAL BIRD DAY

Manipal Bird Day is an annual event dedicated to celebrating birds in Manipal. This day long event brings together a large number of birders from Manipal, Udupi, Mangalore, Mysore, Bangalore, Davangere and other places. Around 150-200 people gather and are split into different teams. They visit the assigned regions and count as many birds as possible. This non competitive event focuses on spreading awareness regarding the diverse avifauna around us. Turn out for this event has been increasing from 3 people to 200 in last 10 years. This is the 10th edition of Manipal Bird Day.

MANIPAL BIRDERS CLUB

Manipal Birders Club started as a Facebook group after the release of the first edition of “A Birders Handbook to Manipal” to share information about the latest sightings. It is now a formal group of over 500 like-minded members that meets at least once a week to go on bird walks. It is now a large birders community and a medium to organize events, bird walks and discussions about birds and sightings.

The next step would be to involve a higher number of local and young birders who will dictate the change in environment around the town in the coming years. With the co operation of Zoology and natural sciences students and other nature enthusiasts and faculty of different colleges weekly birding sessions have been conducted to involve and encourage more and more people to bird and get connected to the nature and to try to understand the changes happening around us, the media release issued by the group said.