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
July 4,2020

A 53-year-old Indian worker in the UAE has missed a special repatriation flight after he dozed off at the Dubai International Airport, a media report said.

P Shajahan, who worked as a storekeeper in Abu Dhabi, was supposed to fly to Thiruvananthapuram on the Emirates jumbo jet chartered by the Kerala Muslim Cultural Centre (KMCC) Dubai, Gulf News reported.

It was the first-ever jumbo jet chartered for repatriation.

Shajahan, who had paid 1,100 dirham (USD 300) for the ticket, said that he did not sleep on the previous night as he kept on waiting for the confirmation of his ticket for the jumbo jet flying 427 stranded Indians to Kerala, it said.

He reached the airport early in the morning and after finishing the check-in procedures and rapid test, he reached the waiting area of the boarding gate at Terminal 3 around 2 PM local time, the report said.

“I sat away from most of the others. But I fell asleep after 4.30 PM,” he said.

S Nizamudeen Kollam, who coordinated the charter flight, said that the airline officials could not trace Shajahan when the flight was to take off.

“He woke up and called us after the flight left. It is sad that he missed the flight, which was the first-ever jumbo jet chartered for repatriation. We are now trying to send him on another Emirates flight that we are chartering on Saturday,” Kollam said.

Since Shajahan did not have any money, Jasimkhan Kallambalam, organising secretary of KMCC Thiruvananthapuram, went to the airport to meet him on Friday.

“Since his visa was cancelled, he could not come out of the airport. He had only eaten the snacks in the kit KMCC had given. We managed to give him some cash for buying food through KMCC volunteer Alamsha Latheef,” Kallambalam said.

In March, another Indian expat had fallen asleep in the same terminal and missed the last flight home before flights were suspended due to the COVID-19 pandemic.

He was stranded here for over 50 days before getting repatriated.

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News Network
April 5,2020

Udupi, Apr 5: Excise Department has formed a special patrol teams to check the illegal sale of liquor in the district during the lockdown period.

All liquor stores are closed till April 14 in view of the lockdown to contain Covid-19 spread. However, reports of liquor being sold illegally have come to the notice of the Excise Department.

In a stern warning, the department has stated that officials will verify the closing and opening stock at the liqour stores and if any discrepancy is found the violators will be penalised. The department has received over 20-30 calls regarding the illegal sales.

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January 5,2020

Bengaluru, Jan 5: A day after senior Congress leaders in Karnataka met to build consensus for the way ahead, the race for the post of KPCC President hotted up on Sunday with aspirants and their supporters stepping up efforts to secure the coveted posts.

Senior leader D K Shivakumar, seen as a frontrunner for the post, met former Chief Minister Siddaramaiah at his residence amid reports that he was lobbying in favour of one of his confidants.

Meanwhile, another senior party legislator Satish Jarkiholi made it clear he was capable of discharging the responsibility if the high command asked him to do so.

Also, loyalists of senior leader and former Minister Ramalinga Reddy came up with social media posts, pushing forward his name for KPCC President.

Congress Legislature Party leader Siddaramaiah and state Congress chief Dinesh Gundu Rao quit their posts after the party fared poorly, winning only two of the 15 seats in the bypolls while it had held 12 of them.

According to party sources, though Siddaramaiah is likely to retain the position of Leader of Opposition, the CLP leader post may be given to some one else.

The sources also said replacement of KPCC President was most likely as Dinesh Gundu Rao's resignation could be accepted.

Shivakumar is seen as the frontrunner for the KPCC President post and has already held discussions with high command in this regard.

His meeting with Siddaramaiah, who is expected to travel to Delhi soon to hold discussions with the high command, assumes significance amid reports that the former chief minister was favouring one of his confidants for the post.

Shivakumar during the meeting sought Siddaramaiah's cooperation for his appointment to the coveted post, with a promise to work under his leadership, sources said.

However, speaking to reporters after the meeting, Shivakumar said he had worked under Siddaramaiah as legislator and Minister, and there was nothing special about the nearly two-hour-long meeting.

"...Im not a competitor for any post, I won't ask for any post, that time is over. I'm a karyakarta of the party and will work as karyakarta," he said in response to a question, adding he will abide by the party's decision.

On the other hand, Congressleader andYamakanamaradi MLASatish Jarkiholi said he was ready to take up the responsibility if the party high command decides so.

"It has been decided to cooperate and work under the leadership of anyone, whom the party high command decides (as President). Let's see, it is for the high command to decide (who will be KPCC President)," he said.

In response to a question from reporters in Belagavi if he was aspiring for the post, Jarikholi said, "I havent asked, but if given I will manage it efficiently..."

Meanwhile, loyalist of seven-time Congress MLA Ramalinga Reddy, came up with a social media post, demanding KPCC President post for the leader.

"Seven-time @INCKarnataka MLA and former Home Minister Sri @RLR_BTM for #KPCC President. #Congress #Karnataka #RamalingaReddy #BTMLayout #BBMP #Bengaluru," former Mayor of Bengaluru City and a close confidant of Reddy, B N Manjunatha Reddy tweeted.

Last year during the political turmoil faced by the coalition government, Ramalinga Reddy had threatened to resign, unhappy at being sidelined in the party.

He had later decided to stay with the Congress after the high command intervened.

With a virtual vacuum in the state Congress following the resignation of its top leadership after the rout in the recent Assembly bypolls, senior party leaders had met here on Saturday with an aim to build a consensus for the way ahead.

According to sources, the meeting was convened after instructions from the high command to iron out differences and build consensus on taking the party forward and regarding appointments to key posts, before coming to Delhi for discussions.

Senior leader K H Muniyappa and KPCC Working President Eshwar Khandreare seen as the other aspirants for the President post.

Ssenior leaders G Parameshwara along with H K Patil are among those seen as the frontrunners for the CLP leader post vacated by Siddaramaiah.

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