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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coastaldigest.com news network
April 24,2020

Mangaluru, Apr 24: The last rites of the elderly woman who died of covid-19 yesterday was finally held in the wee hours of Friday amidst tight security at Kaikunje Hindu Rudra Bhoomi near BC Road bus stand in spite of severe opposition from the members of the own community.

The funeral was held as per the protocol for COVID-19 deaths, police said.

Prior to this hundreds of Hindus had staged a protest  last night in front of Pachanady Hindu Rudra Bhoomi near Vamanjoor following reports that the the 77-year-old coronavirus positive woman's mortal remains will be cremated there.

Mangaluru North MLA Bharat Shetty rushed to the spot and convinced the protesters that he will not allow the authorities to cremate the body at Pachanady. Hence, the authorities shifted the cremation venue, it is learnt. 

Meanwhile, many local residents staged protest at Pachanady against the cremation of the dead body of a coronavirus positive woman. Hence, additional police force was sent from Mangaluru to disperse the crowd and facilitate the last rite.

According to sources, initially the authorities had  planned to cremate body at Baddakatte Hindu Rudra Bhoomi near here native place in Bantwal. However, the locals and the community elders had forced the authorities to change the plan.

Such protests due to misconception about the spread of coronavirus had been witnessed in some other parts of the country, including in Chennai, and the governments have warned of action against those opposing cremation or burial of COVID-19 patients.

So far as many as 17 covid-19 postive cases have been reported in Dakshina Kannada including two deaths from same family from Bantwal's Kasba village.

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News Network
July 8,2020

Bengaluru, Jul 8: The expert committee constituted by the Karnataka government to look into imparting online education in the wake of the COVID-19 lockdown submitted its report on Tuesday to the Minister for Primary and Secondary Education, S Suresh Kumar.

Amid growing pressure by educational institutions to allow them to run online classes for the students, the government set up the committee headed by noted educationist M K Sridhar.

The Minister told reporters that some schools wanted to run online classes, including for LKG and UKG students. It had also come to the government's notice that schools were reportedly charging hefty fees in the name of online teaching, he added.

"To address the concerns of parents, schools, and the future of the children, the committee was formed,"Kumar said. He further said that the government would study the recommendations and hold discussions with officials and various stakeholders before arriving at a decision.

The Education Department said that the committee, in its report, titled "Continuation of Learning in School Education of Karnataka: Guidelines During COVID-19 Pandemic for Technology Enabled Education and Beyond", has recommended teaching online or by using printed material. The committee suggested that children in the age group of three to six be taught online by way of story-telling, rhymes and games strictly in the presence of parents thrice a week just for one session a day For students from class one to three, it advised two periods a day and three days a week for online teaching.

Students from class three to five would have classes five days a week and two classes for 30 minutes a day. For students from class six to eight, there could be three classes a day for a duration of 30 minutes to 45 minutes each, while for students of class nine and 10 there would be four sessions a day between 30 and 45 minutes each.

The committee also suggested usage of Doordarshan and Akashwani for the government school children. Suresh Kumar said there were a few petitions filed in the Karnataka High Court regarding online teaching to the children.

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News Network
July 22,2020

Bengaluru, Jul 22: Congress MLA Priyank Kharge has questioned the Karnataka government on the alleged breakdown of oxygen in the intensive care unit (ICU) at ESIC hospital in Kalaburagi, saying he had got complaints that eight persons who were on ventilators had died.

He asked the government if it is "deliberately" hiding something about the patients that were admitted in ESIC.

"I have got complaints that eight people who were on ventilators are dead in ESIC Kalaburagi because there was oxygen breakdown in ICU. ESIC has not been admitting patients as the issue has not been resolved. Nobody is confirming or denying it. Is the Government deliberately hiding something?" he asked.
Kharge also accused the government of not having adequate facilities to combat COVID-19 in different parts of the state.

"I hope I am wrong, but if it is a fact, this ascertains that the administration has lost control over Corona pandemic in the district. No addition testing centre. No beds are available. PPE Kits and medical waste is thrown in Gulbarga Institute of Medical Sciences (GIMS)," he added.

According to the Union Health Ministry, there are 67420 COVID-19 cases in the state.

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