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

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
April 20,2020

Bengaluru, Apr 20: As many as 59 people were arrested on Monday for attacking police and health officials at the minority dominated Padarayanapura in the city when they went to quarantine some people, police said.

"Fifty-nine people have been arrested (in Padarayanapura) and have been taken into custody. The people attacked the officials who had gone to quarantine some poeple who were the primary and secondary contacts of three COVID-19 patients," a police officer said.

A large number of people, mostly youth from the minority community poured on to the road on Sunday and thrashed the health workers who had gone to quarantine some people who were the primary and secondary contacts of the health workers.

The officials were allegedly beaten black and blue.

Some local residents who went to the rescue of these officials were also thrashed.

According to police, one among the arrested is a woman by name Firoza who had allegedly instigated the mob to attack the health and police officials.

Subsequently, a large number of police personnel were deployed in the area to avert any untoward incident and to quarantine those who are suspected to be infected with COVID- 19.

Blowing sirens, a strong contingent of policemen carried out a flag march in the area.

The Bengaluru police commissioner Bhaskar Rao later called on Chief Minister B S Yediyurappa and briefed him about the situation in Padayarayanapura.

The violent incident drew angry reactions from various quarters.

Karnataka Home Minister Basavaraj Bommai said an incident like the one at Padayarayanapura will not be tolerated.

"I met Chief Minister and briefed him about the incident. He has told us to act strictly. I have told the same to my officials. We won't tolerate such acts by anyone. We have arrested 59 people. Five FIRs have been registered," the minister told reporters.

Bommai, who visited the area took the senior police officials to task for not being present on the spot when the incident took place.

"Where were you? What were you doing when the incident happened?" he questioned a senior police officer.

"We will demonstrate to the people what is containment zone, what is seal down and what is police action," he said.

Condemning the incident, Health Minister B Srimulu warned those who indulged in such activities.

"The inhuman act of attacking police and health workers in Padarayanapura is highly deplorable. Our government will take appropriate step against those indulging in the attack on health officials and police officials who had gone there to protect them," he tweeted.

BJP's firebrand MP Shobha Karandlaje reacted sharply.

"Seculars attack #CoronaWarriors when they were quarantining the secondary contacts of #Covid19 in Padarayanapura of BLR. While #HealthcareHeroes are working overnight to contain #CoronaPandemic, these morons are assaulting our heroes! Let's not be soft on these anti- nationals!" Karandlaje tweeted.

Meanwhile, the minority leaders called on Congress state president D K Shivakumar to persuade the people of the minority community to assist in identifying the COVID-19 patients or carriers.

Former chief minister H D Kumaraswamy too condemned the attack and demanded stringent action against the culprits.

The Congress MLA from the area B Z Zameer Ahmed Khan while condemning the incident, sought to know why the health workers and police officials went to the area late in the night and not in the morning.

"Why did the police and the health workers go in the night when I had told the BBMP Commissioner that I will take them at 10 am?" Khan told reporters.

Defending those who attacked the government officials, Khan said they were uneducated labourers who didn't know what they were doing.

Padarayanapura and Bapuji Nagar were among the first areas to be completely sealed as people were not abiding by the prohibitory orders under Section 144 of the CrPC.

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News Network
May 10,2020

Bengaluru, May 10: Former Karnataka Chief Minister HD Kumaraswamy on Sunday accused the state government of not preparing proper guidelines to bring back people who are stranded near the Karnataka-Maharashtra border areas.

"No proper guidelines have been given to officials to bring back people who are stranded near the Karnataka-Maharashtra border. From the last 45 days, many of these people have not got any relief nor are there any proper directions or guidelines from the state government," alleged Kumaraswamy.

He also accused the state government of cheating the people of Karnataka.

"Karnataka government is cheating people the same way it cheated with the flood compensation. The state government had announced lakhs of rupees as compensation to those who lost houses in the flood last year. But nobody has got the records or details as to how many people got benefited from it," he added.
Fifty-three more COVID-19 cases were reported in Karnataka on Sunday, the state government said.

The total number of cases in the state is at 847, including 405 discharged and 31 deaths so far, the bulletin said.

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News Network
April 19,2020

Mangaluru, Apr 19: In order to boost the Coast Guard's (CG) surveillance and reconnaissance capabilities on the country's west coast in Karnataka, CG OPV Varaha and CG Dornier 785 ex Kochi were pressed to service to undertake extensive surveillance.

"Both seawards and aerial surveillance of Karnataka coast line will be undertaken from Sunday," said S Babu Venkatesh, Commander, Coast Guard, Karnataka. The surveillance will be an air-sea coordinated operation.

The Coast Guard ships and aircraft maintained extensive search in the area for intercepting any suspect vessel. Indian Coast Guard ships classified various contacts in the area and kept them under constant surveillance.

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