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
March 24,2020

Bhatkal, Mar 24: Two people, who arrived from Dubai at Mangaluru International Airport on March 21, were tested positive for coronavirus.

A 40-year-old man has been tested positive for the dreaded killer disease Covid-19 while 65-year-old man, who arrived on same day from Dubai, has also been tested positive for the virus. The person reportedly took train from Mangaluru to Bhatkal after arriving at Mangaluru International Airport.

Both of them hailed from Bhatkal and are currently hospitalised and their direct contacts are being traced by the authorities.

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News Network
January 19,2020

Mysuru, Jan 19: Karnataka Rural Development and Panchyat Raj Minister K S Eshwarappa on Sunday claimed that Popular Front of India and Social Democratic Party of India have been indulging in anti-national activities.

Talking to media persons here, he said the government is mulling to ban and take action against PFI and its political arm SDPI.

It was recommended even during the previous government, but it was not taken seriously, he added.

He said that the BJP will ensure that all the MLAs who were instrumental in the party coming to power (the then-disqualified MLAs who joined BJP from Congress and JDS recently and won the bypoll subsequently) will not be let down and be given suitable posts in the government.

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Sharief
 - 
Sunday, 19 Jan 2020

RSS will be banned and wipedout from the planet.

Now USA declared RSS as the worst terrorists. So Indian government is terrorist.

 

This is the limit of their brain.

 

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News Network
August 2,2020

Bengaluru, Aug 2: Within a year of returning to power for the fourth time as Chief Minister in Karnataka, septuagenarian B.S. Yediyurappa has consolidated his position in the ruling BJP to stay the course till the next Assembly elections in mid-2023.

"A combination of factors helped Yediyurappa to consolidate and stay the course for the remaining term of his office to ensure the saffron party retains power in the state though he is unlikely to stake claim for the chief minister's post again as he would be 80 years old by 2023," a party source told news agency here.

Since the 77-year-old seasoned politician assumed office on July 26, 2019, the first year has been tumultuous for him, as he had go through a "trial by fire" what with the party's mighty high command and detractors testing his patience in the face of natural calamities like drought, floods and the Covid pandemic.

The first 7-8 months of the term were spent in tackling drought and floods, winning 12 of the 15 by-elections in December to secure a majority for the ruling party in the lower house and expanding the cabinet in February.

Even as Yediyurappa was settling down to seriously govern after presenting the state budget for fiscal 2020-21 in early March, the coronavirus outbreak overwhelmed him, as the pandemic spread and wreaked havoc, disrupting life, livelihood, economic growth and development.

"While the emphatic victory in the by-elections ensured the government's stability till the assembly term up to mid-2023, the second cabinet expansion on February 6 posed a challenge to Yediyurappa, as he could induct only 10 of the 12 MLAs who defected from the Congress and the Janata Dal-Secular (JD-S) and won the by-elections, triggering a revolt in the party by the loyalists left out of the ministry," the source recalled.

Though Yeddiyurappa has been leading the battle against the virus from day 1 and initially succeeded in controlling it from spreading during the extended lockdown till May 31, reopening the state under Unlock since June has undone the gains, as positive cases shot up to 1,29,287 so far, including 73,219 in Bengaluru after 53,648 recovered from across the state till date, while 2,412 succumbed to the deadly disease since March 9.

"For a state of 7 crore population, the data reveals that the pandemic has been fought on war-footing to contain it from spreading in all the 30 districts, although there are no signs of it going away till a vaccine is found. The chief minister has been trying to balance unlocking the state and containing the infection," a member of the health task force told IANS.

With six cabinet posts in the 34-member ministry being vacant, filling them will be a daunting task for Yediyurappa, as at least 20 legislators, including 5-6 newly elected turncoats and party's veterans are lobbying to become ministers at any cost.

By appointing 20 party legislators as heads of state-run board and corporations, nominating 5 as members of the state legislative council, including JD-S defector A.H. Vishwanath in July and getting 2 Congress defectors R. Shankar and M.T.B. Nagaraj elected as MLCs in June with 2 others, Yediyurappa ensured that these lawmakers would not be in the reckoning for the 6 cabinet posts, as dozen MLAs are already pitching for them.

Nagaraj and Vishwanath lost in the December 5 by-elections, while Shankar was not given a ticket to contest in the by-poll but was assured of making him an MLC with another disgruntled member C.P. Yogeshwar, who lost in the 2018 May assembly polls to JD-S leader and former chief minister H.D. Kumaraswamy of the 14-month-old JD-S and Congress coalition government from May 23, 2018 to July 23, 2019.

Resignations of 17 rebels, including 14 from the Congress and 3 from the JD-S led to the fall of the coalition government, as Kumaraswamy lost the majority in the 225-member assembly on July 23, 2019 in their absence.

Though Yediyurappa led the party to win 105 seats in the 2018 assembly elections and formed a government on May 17, 2018, he resigned 3 days later on May 19, 2018, as he fell 8-9 seats short of the halfway mark (113) for a simple majority in the lower house.

In a post-poll alliance, the JD-S and the Congress formed the coalition government to keep the BJP out of power in May 2018, after the assembly elections gave split verdict and the Congress lost power then.

"The record victory of the ruling party in the May 2019 general elections, when 25 of its 27 contestants won out of 28 Lok Sabha seats from the state, reinforced the popular belief that Yediyurappa is the party's mascot in winning elections and an unquestionable leader of the politically dominant Lingayats in the state," the source pointed out.

When Yediyurappa left the BJP and floated a regional outfit (Karnataka Janata Party) in January 2013, he delivered a body blow to the BJP in the May 2013 state assembly polls, as the votes got split and was defeated by then Congress.

"Besides the party's high command, everyone in the party's state unit, including leaders and cadres are aware of Yediyurappa's popularity across the state, as has the wherewithal to connect with masses and win elections," the source added.

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