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
February 11,2020

Belagavi, Feb 11: Tension prevailed for sometime here after a few villagers spotted four country-made pistols disposed in the garbage site by the road between Markandey Nagar – Waghavade village on Sunday. Police rushed to the spot and seized the arms which are believed to be of Portugal era.

Sources said some villagers noticed a pistol lying along with heaps of refuse. They informed Bhavakanna Patil, the owner of the agricultural field adjacent to the garbage site. Patil and the villagers checked the garbage and found three more pistols totalling four.

Police said the pistols are about 50 to 60 years old. Going by their condition, all rusted, it is believed that they were left unused for a long time. The Belagavi rural police who have filed a suo motu case related to the incident are getting into the skin of case to trace the owners and those who disposed them in the garbage pit. 

According to preliminary investigation, it is learnt that such pistols were in vogue during Portugal rule in Goa. There are chances that those who inherited the arms may have disposed it for the fear of possessing weapon illegally. The chances of some notorious people who reside in the vicinity near Waghavade and surrounding areas, where burglaries and dacoity are frequently reported, disposing the arms due to the fear of police also cannot be ignored. Police Commissioner Lokesh Kumar was not available for comments.

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coastaldigest.com news network
June 15,2020

Bengaluru, Jun 15: A total of over 4,000 COVID patients have been discharged in Karnataka so far, as the state on Monday reported 213 new cases of coronavirus and two related fatalities, taking the total number of infections to 7,213 and the death toll to 88.

On Monday alone 180 patients were discharged in the state after recovery. As of June 15 evening, cumulatively 7,213 COVID-19 positive cases have been confirmed in the state, which includes 88 deaths and 4,135 discharges, the health department said in its bulletin.

Out of the 2,987 active cases, 2,931 patients are in isolation at designated hospitals and are stable, while 56 are in Intensive Care Units. Among the two deaths were a 65-year-old man from Dharwad, who was the contact of another patient already tested positive.

He was admitted on June 14 at a designated hospital and died the same day. The other was a 75-year-old woman from Bengaluru, diagnosed with ILI (Influenza Like Illness) A known case of Diabetes mellitus and Hypertension , she was admitted on June 13 at a designated hospital and died on June 15.

Out of 213 new cases 103 are returnees from other states, a majority of them from neighbouring Maharashtra, while 23 are those who returned from other countries.

Among the districts where the new cases were reported, Kalaburagi accounted for 48, followed by Bengaluru urban 35, Dharwad 34, Dakshina Kannada 23, Raichur 18, Yadgir 13, Bidar 11, Ballari 10, Koppal 4, three each from Vijayapura, Bagalkote and Shivamogga, two each from Udupi, Haveri and Ramanagara, and one each from Hassan and Davangere.

Udupi district tops the list of positive cases with a total of 1,028 infections, followed by Kalaburagi 944 and Yadgir 822.

Among discharges also Udupi is on top with total of 736 discharges, followed by Kalaburagi 459 and Bengaluru urban 329. A total of 4,49,331 samples have been tested so far, out of which 5,362 were tested on Monday alone.

So far 4,32,346 samples have been reported as negative, out of which 4,738 reported negative today, the bulletin said.

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coastaldigest.com news network
June 25,2020

Thiruvananthapuram, Jun 25: The government of Kerala under the leadership of Chief Minister Pinarayi Vijayan is all set to launch the 'Kerala Dialogue' -- a debate series on new concepts and development models during the COVID-19 pandemic.

A series of visionaries including noted political thinker Noam Chomsky and Nobel-laureate economist Amartya Sen will join this unique initiative that is to be rolled out from Friday.

The debate series to be inaugurated by the CM will feature prominent personalities from various walks of life including scientists, philosophers, diplomats, economists, writers, journalists, activists, technocrats and people's representatives.

The first episode will have Chomsky, Sen and WHO Chief Scientist Dr Soumya Swaminathan speaking on 'Kerala - Future Paths of Development'. 

State Planning Board vice chairman VK Ramachandran and senior journalist N Ram would be the moderators. The first episode would be telecast through the Chief Minister's official social media accounts.

The coming episodes in the series will also be telecast in the same manner. The government is of the view that the Kerala Dialogue series can ensure debates and dialogues on sustainable and inclusive development on the lines of the Kerala model.

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Lau Kin Chi
 - 
Friday, 26 Jun 2020

I am from Global University for Sustainability, with its executive team based in Hong Kong 

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