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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Agencies
January 12,2020

New Delhi, Jan 12: In a shocking revelation, one unemployed person committed suicide every hour during 2018 when a total of 1,34,516 suicides, including 92,114 male and 42,391 female, were reported in the country, NCRB's "Suicide in India 2018" says.

The latest data, issued by the National Crime Records Bureau (NCRB), which comes under Ministry of Home Affairs, last week reveals that a total of 12,936 unemployed persons committed suicide in 2018, which accounted for 9.6 per cent of the total suicides, and were of aged below 18 years to above 60 years.

Those below 18 years include 31 males and nine females while those between 18 and 30 years comprise 1,240 male and 180 female. A total of 868 male and 95 female were aged between 30 and 45 years. A number of 237 males and 21 females were aged between 45 and 60 years while 2,431 males and 310 females were above 60 years.

Of the total suicides by unemployed persons, males are 10,687 while the females are 2,249.

The highest number of suicides - 12.3 per cent - committed by unemployed persons were in Kerala (1,585 out of 12,936 suicides), 12.2 per cent in Tamil Nadu (1,579), 9.7 per cent in Maharashtra (1,260 suicides), 8.5 per cent in Karnataka (1,094 suicides) and 7 per cent in Uttar Pradesh (902 suicides).

"Each suicide is a personal tragedy that prematurely takes the life of an individual and has a continuing ripple effect, dramatically affecting the lives of families, friends and communities. Every year, more than 1 lakh people commit suicide in our country. There are various causes of suicides like professional/career problems, sense of isolation, abuse, violence, family problems, mental disorders, addiction to alcohol, financial loss, chronic pain etc," says the NCRB adding it collects data on suicides from police recorded suicide cases.

As per the NCRB, rate of suicides has been calculated using projected population for the non-census years whereas for 2011, the population of the Population Census 2011 was used.

The NCRB data says that a total of 1,34,516 suicides were reported in the country during 2018 showing an increase of 3.6 per cent in comparison to 2017 and the rate of suicides has increased by 0.3 during 2018 over 2017.

Government servants accounted for 1.3 per cent (1,707 out of 1,34,516) of the total suicide victims as compared to 6.1 per cent (8,246 out of 1,34,516) of total victims from Private Sector Enterprises.

Employees from Public Sector Undertakings formed 1.5 per cent (2,022 out of 1,34,516) of the total suicide victims, whereas students and unemployed victims accounted for 7.6 per (10,159 victims) of total suicides. Self-employed category accounted for 9.8 per cent of total suicide victims (13,149 out of 1,34,516).

A total of 10,349 persons involved in farming sector (consisting of 5,763 farmers and cultivators and 4,586 agricultural labourers) have committed suicide during 2018, accounting for 7.7 per cent of total suicides victims (1,34,516) in the country.

A total of 11 transgenders have committed suicide in which three were daily wage earners, one each were 'professionals and salaried persons' and 'unemployed persons' while six falls under 'Other Persons'.

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News Network
January 21,2020

Jan 21: Info Edge (India)'s shareholding in Zomato reduces to 22.71%; Uber receives 9.99% stake in Zomato.

Info Edge (India) announced that Zomato Media (Zomato) has signed a definitive agreement to acquire Uber's food delivery business in India (Uber) in an all-stock transaction, which gives Uber 9.99% ownership in Zomato.

Uber Eats in India will discontinue operations and direct restaurants, delivery partners, and users of the Uber Eats apps to the Zomato platform, effective 21 January 2020.

Upon closing of said acquisition, the company's shareholding in Zomato shall stand reduced to about 22. 71 % on fully converted & diluted basis.

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News Network
February 11,2020

Thrissur, Feb 11: The latest test result of the woman medical student, who arrived here from China's Wuhan region and was the first positive case from India for the novel Coronavirus (nCoV), has come out negative, health officials said on Monday.

Her condition was "stable", they said.

According to the state health department as of now, 31 people are in isolation wards across various hospitals in the state.

"The blood test result of the first patient from Thrissur, from the National Institute of Virology (NIV) testing centre at Alappuzha, shows a negative result.

But we need confirmation from the NIV at Pune," a senior medical officer told news agency.

After the first positive case was reported from Thrissur, two other Keralite students from Wuhan, the epicentre of the virus, had tested positive in Alappuzha and Kasaragod districts.

The health department had earlier said those in isolation wards of various hospitals in the state have come down to 34.

"A total of 3,367 are under observation across the state, of which 3,336 are under home quarantine," a release issued by the health department said.

The department has already sent at least 364 samples for testing at the NIV at Pune and so far 337 results have returned negative.

The ''state calamity'' alert, which was declared on February 3, was withdrawn on Friday after no new positive cases of infection were detected.

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