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
February 27,2020

Benagluru, Feb 27: The sudden hike in bus fares by the state-run transport corporation has triggered a public outrage and protests by the opposition Congress and the Janata Dal-Secular (JD-S) in Karnataka.

Terming the hike as anti-people and inflationary, the Congress urged the ruling BJP to withdraw it forthwith and spare the commuters from the additional burden.

"KSRTC and its affiliates should not further burden the people when the cost of living has gone up and its bus service is used by the majority in the absence of trains in many regions of the state," said Ravi Gowda of the Congress.

In a surprise announcement on Tuesday night, the Karnataka State Road Transport Corporation (KSRTC) and its two affiliates -- North Eastern Karnataka Road Transport Corporation (NEKSRTC )and North Western Karnataka Road Transport Corporation (NWKSRTC) -- increased bus fares by 12% with effect from Wednesday, drawing the ire of commuters and opposition parties alike.

Condemning the fare hike, JD(S) leader and former Chief Minister H D Kumaraswamy urged the KSRTC to roll back the revised fares and give relief to the common man reeling under price rise due to CGST, SGST and food inflation.

"The BJP government has deliberately increased the bus fare ahead of the state budget for 2020-21 fiscal on March 2, catching people unawares. Though student passes have been spared from the hike, regular passengers are forced to pay Rs 5-32 more instead of getting better efficiency, management and productivity," Kumaraswamy said in a statement in Bengaluru.

It's an additional burden on us, said Bengaluru resident K. Venkatesh, while adding,

"The 12 percent hike in bus fares by the KSRTC and its north-east and north-west affiliates from Wednesday will hit passengers hard and make commuting costly.”

"The fare hike will negate the state government's efforts to encourage public transport service and force passengers to travel on the train, which is cheaper, faster and safer," asserted Venugopal Gupta, a cloth merchant in the city.

Justifying the hike, KSRTC Managing Director Shivayogi Kalasad told media that the hike was inevitable due to the steady increase in diesel price, dearness allowance in staff salary and overall cost of operations.

"Since the last fare revision came in May 2014, the operational cost has gone up substantially due to Rs 11.27 per litre hike in diesel price, increase in DA to employees and repairing, maintenance and fleet management costs," Kalasad said.

The financial burden due to fuel price hike is Rs 261 crore, DA Rs 341 crore and operational cost Rs 601 crore per annum for KSRTC alone, he said.

"For the benefit of rural passengers, fares have been reduced to Rs 5 from Rs 7 for the first 3 km. There is no increase in fares for the first 12 km and up to first 6 km in express service," Kalasad added.

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News Network
February 24,2020

New Delhi, Feb 24: A book on the history of the Bharatiya Janata Party (BJP) will become a part of a course in the Islamic University of Indonesia, as the party’s two consecutive victories in India’s general elections has evoked interest among academicians, a faculty member said.

The book, titled Bhartiya Janata Party — Past, Present & Future, Story of World’s Largest Political Party and written by Shantanu Gupta, will become a part of the syllabus for undergraduate students of South Asian studies in the Department of International Relations.

Hadza Min Fadhli, a faculty member at the university, said there was a rising interest in the BJP’s rise among academicians in Indonesia, especially after the party won two general elections in India.

He said the book would be part of the syllabus for undergraduate courses in South Asian studies in the Department of International Relations.

Mr. Hadza said he got to know about the book during a recent visit to India as part of the Kautilya Fellowship programme, organised by the India Foundation. “We in Indonesia intend to further strengthen our relations with India. Therefore, it is important to understand its ruling party. We expect the BJP would also intend to do the same,” Mr. Hadza said.

When asked about the book being selected to be a part of a course in an Indonesian university, Mr. Gupta said global recognition of his work is immensely satisfying.

This book chronicles the history of the BJP which, Mr. Gupta said, described the saffron party as the latest political manifestation of the various nationalist movements that the country has seen.

Mr. Gupta has authored five other books, including a biography of Uttar Pradesh Chief Minister Yogi Adityanath and a book on football in India.

Comments

Fairman
 - 
Tuesday, 25 Feb 2020

Stupidity of faculty.

 

 

They should know the reaction of Malaysians to BJP's attrocities.

 

sharief
 - 
Tuesday, 25 Feb 2020

When Malaysia outright knows BJP's agenda, they reacted. 

This decission of Indonesian faculty shows clear stupidity and his mental stability.

 

God give wisdom to Indonesians

 

 

 

 

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News Network
March 28,2020

Thiruvananthapuram, Mar 28: Kerala Chief Minister Pinarayi Vijayan has sought Prime Minister Narendra Modi's intervention to remove the blocking of roads including state highway along the border of Karnataka in view of lock down to contain the spread of COVID-19.

In a letter sent to the Prime Minister on Friday evening, the Chief Minister said certain actions by the Karnataka Police have resulted in the blocking the Thalassery-Coorg State Highway-30. This road connects Kerala with Coorg in Karnataka via Veerajapettah. This route is a lifeline for flow of essential commodities to Kerala."

"If this is blocked, vehicles carrying essential commodities will have to travel a much longer route to reach our state. Given the situation of national lock down, this will add much more hardship to people," it said.

"You will naturally agree with me that no action impeding the movement of essential commodities should be initiated at this moment of crisis," he hoped.

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