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 6,2020

Ballari, Mar 6: Ballari Deputy Commissioner S S Nakul on Friday said that two persons who had shown symptoms of COVID-19 had been admitted to the district government hospital here.

Informing this to the presspersons here, Mr Nakul said that the cases were reported from Jindal village of K R Hospital taluk and another one from Hospet town in Ballari taluk.

He said a suspect returned from Dubai to Hospet last week and showed symptoms of COVID-19. Both suspected patients were admitted to special isolated ward in Ballari government hospital and their throat swab tests taken on Thursday had been sent to lab in Bangalore to check for COVID-19.

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Agencies
March 14,2020

Bengaluru, Mar 14: Bus-stands and railway stations in this IT city wore a deserted look on Saturday and malls, cinemas, pubs and night clubs remained shut as part of the lockdown announced by the state government following the country's first coronavirus fatality reported from Karnataka on March 12.

Six people in Karnataka have contracted the virus including the 76-year-old man who died due to this disease from Kalaburagi in the state.

A day after chief minister B S Yediyurappa announced the shutdown for a week, the usual rush at the Central bus-stand was missing.

"Since yesterday there is slackness. Today again we are witnessing the same," a Bangalore Metropolitan Transport Corporation official told PTI.

The Karnataka State Road Transport Corporation, which runs inter-city and inter-state buses, too has seen a decline in its revenue.

"For the past five to six days we are seeing a drop of Rs 32 lakh to Rs 35 lakh in our daily revenue of Rs eight crore," Bengaluru divisional controller B T Prabhakar Reddy said.

On March 13, Yediyurappa issued instructions to stop all kinds of exhibitions, summer camps, conferences, fairs, marriage, sports and engagement events and birthday parties state-wide for a week from Saturday.

Business at pubs and aars have taken a hit due to the virus threat.

"Our businesses have suffered somewhere between 40 per cent and 70 per cent.

It is very difficult to cope with the situation," said Manu Chandra, Bengaluru chapter head of National Restaurant Association of India.

In Chitradurga district, the annual Rathayatra was cancelled whereas in Bengaluru, a temple displayed a board that it will not distribute any 'teertha' (holy water) or 'prasad' (offering) to devotees in view of the coronavirus scare.

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coastaldigest.com news network
May 20,2020

Bengaluru, May 20: An Air India flight from Dammam in Saudi Arabia landed here with 161 passengers, including 85 for Karnataka and 76 to Hyderabad, an official said on Wednesday. Among Karnataka passengers there were both Bengalureans and Mangalureans.

"AIC-1910 (Airbus A321-211) landed at the city airport at 8.45 p.m. and 85 passengers, including 9 women and one infant alighted here, while 76 will fly to Hyderabad," the airline official said. 

The flight was 45 minutes behind schedule to Bengaluru.

The airline staff and the state government officials received the returnees in the arrival terminal and gave them masks to wear and sanitizer to wash hands.

All the passengers would be screened with thermal device to read their body temperature though only asymptomatic were flown back.

After completing formalities, including immigration check and filling the self-declaration form, the returnees were taken in state-run buses in batches for 14-day institutional quarantine in hotels and resorts across the city.

Passengers have to download the mandatory Quarantine app on their mobile phone before leaving the airport for contact tracing later.

Another evacuation flight from Kuala Lampur in Malaysia to Bengaluru has been cancelled due to Amphan cyclone over the Bay of Bengal that hit the Odisha and West Bengal on the east coast.

The service was the fourth to the southern state in the second phase of Vande Bharat Mission, the national carrier and its Express arm are operating to repatriate thousands of Indians, including distressed workers, migrants, students, senior citizens and tourists, stranded overseas since the government suspended international flights on March 23 and enforced an extended lockdown on March 25 to combat Covid-19 spread.

The first flight in the second phase landed on Monday night at Mangaluru on the state's west coast, with 177 passengers from Dubai in the UAE.

The second flight to the southern state from Kuala Lumpur in Malaysia landed here (Bengaluru) on Tuesday evening, with 94 passengers.

The third flight from Muscat in Oman landed here at 6.31 p.m. on Wednesday evening and at Mangaluru on the state's west coast at 8.01 p.m.

The remaining flights to Karnataka will land in Bengaluru and Mangaluru over the next 13 days till June 3 from 12 more destinations the world over.

In the first phase of the mission from May 7-17, the airline and its arm flew 6 flights to the state from May 11-15, bringing in 800 passengers, including 623 to Bengaluru and 177 to Mangaluru from London, Singapore, San Francisco and Dubai.

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