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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Media Release
February 13,2020

On Friday, February 7, 2020 Tulu Koota Kuwait under the leadership of Dynamic President Ramesh S Bhandary and coordination of Sports Secretary Roshan Quadras  held its annual picnic at Mishref Garden, Kuwait.  Although slight drizzling on the   previous night had caused great concern amongst committee members , yet the  windy and dusty weather did not lessen the enthusiasm and excitement of Tulu Koota Kuwait members.  Over 1000 members enjoyed the fun filled day.

MC of the occasion Mr. Manoj Shetty & Ms. Priya Devadiga welcomed the audience and Chief guests for the event Dr Jeshna Rajan- Badr Al Samaa Clinic, Dr. S.M.Hyther Ali- Chairman of TVS Hyder Group, Mr. John Simon- Group Manager for Corporate Sales and Event Marketing ,  Al Mulla Exchange, Mr Pradeep, owner of Geetherb medicine and Mr. Lokesh & Team from NH Assets.  The program kicked off with Kuwait & Indian National anthem. The guests in their address to audience, praised Tulu Koota Kuwait unwavering efforts to unite people through language, and also the solid philanthropy and charity work being carried by the association was applauded. The presidents  of different South Canara  association in Kuwait were also amongst invited dignitaries for the event, and were welcomed with flower bouquet. This was followed by the release of “ Tulu Nada Jathre flyer”.

Tulu Koota Kuwait President, Ramesh S Bhandary in his speech welcomed the dignitaries and emphasized the significance of the annual picnic gathering. He further elaborated on the innovative concept of “Tulunada Jathre ” being initiated this year, and requested fervent support and participation from all members in  this wonderful program scheduled to be held on Friday,  March 27, 2020 at Indian Central School Indoor Ground Abbasiya. 

As part of days celebration TKK’s Flag hosting  was done  by President , Ramesh Bhandary. “Go Green Global concept” by Tulu Koota members   was the highlight of the inaugural ceremony.  This act was directed by talented committee member Mr. Suresh Salian.

The act beautifully conveyed the message of sustainability, and climate change and raised awareness on how to fight it, how to live green.  The traditional inaugural of the sports event was done by breaking of coconut by Sports Secretary Mr. Roshan Quadras.  TKK First Lady Mrs Anitha Ramesh Bhandary led the sports march holding the traditional torch followed by the  Go Green Global team holding different country flags with plant pots, followed by President, committee members and Sponsors of TKK. The president officially inaugurated the Sports Event by officially lighting the Sports Lamp.

After the inauguration ceremony, the members and kids actively participated in day long sports games and activities meticulously planned out by the Sports committee  for different age groups.  Passing the parcel, Veggies collection, ball bucket, veg shopping , macroni race, hockey, kutti donne, sack race, lagori,  breaking the pot , tyre race, slow cycling, water ballon race, musical chair , kabbadi, volley ball, throw  ball , tug of war, housie housie, kept the members and their families  engaged and entertained. The winners for the competitions were awarded with trophies towards the end of the exciting day.

Delicious and authentic Mangalorean lunch for the event was served by Oriental Restaurant Kuwait.  Sounds and lights support for the event was provided by Anand, while the beautiful moments were captured in camera by Mr.Blen Dsouza and Mr.Rajesh Devadiga

Tulu Koota Kuwait takes this opportunity to thank its committee members, members and volunteers for their dedicated efforts and team spirit and active participation that eventually lead to the huge success of Family Picnic 2020. The Event Sponsors were Al Ahleia Insurance Company SAKP, Al Mulla Exchange, Khain Properties Udupi, Badr Al-Samaa Clinic, TVS Hyder Group and Geetherb.

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coastaldigest.com news network
May 12,2020

Manama: Kannada Sangha Bahrain President Mr. Pradeep Shetty and Vice President of Bahrain's prestigious KHK HEROES Foundation Mohammed Mansoor on Monday, May 11, met The Second Secretary (Consular & CW) of the Embassy of India, Bahrain Mr. P. K. Chowdhury in the Indian Embassy. 

The situation, problems and relief of Indians and Kannadigas residing in Bahrain during the COVID 19 Pandemic was discussed in detail. The distribution of food (dry ration) kits, as well as those seeking repatriation, was also discussed in the meeting.

When asked about the repatriation of distressed Kannadigas, the Second Secretary said that though the number of Kannadigas who wish to return home is not much compared to the rest of the states, still Embassy is compiling all the information and will do the needful soon. 

Mr. Shetty and Mr. Mansoor told the Second Secretary that those who are in problem can contact them and they are ready to do their best.

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News Network
February 9,2020

Thiruvananthapuram, Feb 9: Kerala has sanctioned the setting up of 28 fast track courts for speedy trial in rape cases and other cases registered under the Protection of Children from Sexual Offences (POCSO) Act.

State Social Justice and Women and Child Development Minister KK Shailaja said the state government has decided to set up POCSO courts to ensure that the culprits get the punishment they deserve. She said the decision has been taken in the wake of rising violence against women and children.

"The Union Law Ministry has recently sanctioned the opening of 28 POCSO fast track special courts in Kerala at the request of the state government. The project will be implemented jointly by the High Court, Law and Home Departments under the leadership of the Department of Women and Child Development," the Minister said.

The four courts are alloted in Thiruvananthapuram district, three in Thrissur and Malappuram districts, two each in Kollam, Kottayam, Idukki, Ernakulam, Palakkad, Kozhikode and Kannur districts.

The Minister informed that POCSO courts are jointly established by the central and state governments and according to the High Court data, 12,234 POCSO and rape cases are pending in the state.

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