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
January 30,2020

Jan 30: One positive case of novel coronavirus has been found in Kerala. The student was studying at Wuhan University in China. The patient is stable and is being closely monitored.

This is the first case of coronavirus that has been reported in India.

Until now, there have only been many suspected cases across the country. A total of eight patients, five of them in Mumbai, are under observation in Maharashtra for suspected coronavirus infection. Six patients were already under observation and two more people, who complained of cough and mild fever, symptoms similar to the coronavirus, were put under medical watch on Tuesday evening.

One suspected case each has been reported in Rajasthan and Chandigarh.

Novel coronavirus (nCoV) is a large family of viruses that causes illnesses ranging from the common cold to acute respiratory syndromes. However, the virus that has so far killed 170 people and affected 7,000 in China is a novel strain and not seen before.

It has emerged from a seafood and animal market in Wuhan city and is suspected to have spread to as far as the United States.

According to the World Health Organisation, the common symptoms of the novel coronavirus strain include respiratory symptoms such as fever, cough, shortness of breath and breathing difficulties.

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News Network
April 14,2020

Bengaluru, Apr 14: Despite lockdown in the country to contain the spread of coronavirus, former chief minister of Karnataka and Janata Dal-Secular leader, HD Kumaraswamy has decided to go ahead with marriage of his son Nikhil.

"Marriage will be performed in closed doors among the family members, which may be around 50 people. Family members only will be present in the marriage and all the precautionary measures will be followed as per the guidelines given by the government," Kumaraswamy said.

Nikhil Kumaraswamy, who contested Lok Sabha election from Mandya, is also the national youth wing president of Janata Dal-Secular. His marriage has been fixed with niece of former Congress minister M Krishnappa on April 17.

"Date was fixed months ago and we canot miss the good star and holy muhurtham. That is why we have decided to perform marriage on the fixed date among the family members," he said.
Marriage will be performed at bride Revati's residence.

Earlier Kumaraswamy and family had plans to perform the marriage at a location near Ramnagar, which is also former chief minister's constituency.

Comments

Ahmed A.K.
 - 
Tuesday, 14 Apr 2020

In India, every section has their own choice even if the country is facing a serious problem also.

 

they will never follow anyones order.

My country is great!!!!!

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News Network
May 3,2020

Bengaluru, May 3: The Commissioner of Health and Family Welfare Services in the government of Karnataka KA Dayanand issued an order approving quarantine of asymptomatic COVID-19 infected international passengers on payment basis at star hotels.

The international passengers in the state have been categorised into A, B and C groups depending on their symptoms and co-morbid conditions. Category A passengers are symptomatic and are being sent to isolation hospitals which may be COVID care centres.

Category B and C passengers are asymptomatic and are being sent to institutional facilities like hostels, guest houses, hotels, etc.

"On the basis of demands by category B and C passengers to provide them star hotel accommodation on a self-payment basis, they have been granted the choice of staying in those hotels at their own cost. The BBMP Special Commissioner/Deputy Commissioner can have a meeting with such hotels and finalise the negotiated rate," Commissioner Dayanand said in the order.

"The hotels for category B passengers should have round the clock presence of health personnel while hotels for category C passengers should be visited by health staff once a day," he added.

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