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
June 26,2020

Bengaluru, Jun 26: All efforts would be made to control the spread of coronavirus in the city and there will be no fresh lockdown, Karnataka Chief Minister B S Yediyurappa on Friday said, asserting that improving economic situation of the state is also equally important.

Though the state capital was considered a model for the entire country in COVID management and has seen a spike in cases during the last few days, the pandemic can be controlled if everyone cooperated, he said.

His remarks come a day after Revenue Minister R Ashoka said Bengaluru is still 'safe' compared to the COVID-19 situation in other cities and states and had ruled out a fresh lockdown for now, putting to rest speculations that it was planning such a move in view of spike in cases.

As of Thursday evening, a total of 1,791 COVID-19 cases, including 78 deaths and 505 discharges, had been reported in the city while the state's tally stood at 10,560 compared to just 3,408 cases as on June 1. The state capital has the highest number of cases among the districts.

"There is no question of imposing lockdown for any reason. In some areas (with high case load) we have already implemented lockdown, other than those places there is no question of it being implemented in other places," Yediyurappa told reporters here.

Improving the economic situation of the state was also equally important, he said ahead of his meeting with Ministers, MLAs and MPs of all parties from Bengaluru to discuss measures to control COVID-19.

"I will discuss with all MLAs including those from opposition and Ministers from Bengaluru and come to some decision. With their cooperation we will make all honest efforts to control the pandemic in Bengaluru," he added.

Earlier, there had been intense speculation after some ministers said the government may have to consider re-imposing the lockdown, eased in phases from the middle of last month, in view of continuing spike in new cases in the past several days. Bengaluru was a "model" to the entire country in COVID management, but in recent days cases have increased, Yediyurappa said, adding to control it cooperation from everyone was necessary.

"I have confidence that if everyone (MLAs) pays special attention in their respective assembly constituency, COVID can be controlled," he said. Meanwhile, official sources said the Chief Minister has given Revenue Minister Ashoka the charge of overseeing the COVID management in the city.

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News Network
February 6,2020

New Delhi, Feb 6: BJP MP Tejaswi Surya said on Wednesday that the majority community has to remain vigilant or Mughal rule will return to the country, as he slammed the anti-CAA protest at Shaheen Bagh.

He was participating in the debate on Motion of Thanks on the President's Address in Lok Sabha.

Referring to the ongoing protest at Shaheen Bagh against the Citizenship Amendment Act, he said, "Unless majority community remains vigilant, the days of Mughal Raj may not be far away."

Surya also praised Prime Minister Narendra Modi for resolving several critical issues which had been pending for several decades.

The CAA, he said, was aimed at resolving the issues emanating from Partition and added, "The new India cannot to built without healing the wounds of the past."

He said that the CAA was about giving citizenship to persecuted minorities in Pakistan, Bangaladesh and Afghanistan and not for taking away anyone's citizenship.

Under the leadership of Modi, Surya said, several issues of the past have seen closure. These include abrogation of Article 370, construction of Ram temple, Bodo problems and abolition of Triple Talaq.

K Sudhakaran (Cong) said that a time when the economy was going through its worst phase and unemployment was high, the President in his speech talked about making India a USD 5 trillion economy by 2024.

On the comments of the government functionaries that fundamentals of the economy are strong, he said the same expression was used by the then US President George Bush, days before the collapse of the America's iconic investment banker Lehman Brothers.

Not only that, Sudhakaran said even before the Great Depression, the then US President used to say that fundamentals of their economy were strong.

Anupriya Patel (Apna Dal) demanded that the government set up All India Judicial Services Commission to ensure representation of the backward community in the judiciary.

Khagen Murmu (BJP) regretted that West Bengal government was not implementing the welfare schemes of the Centre in the state.

Badruddin Ajmal (AIUDF) said that people of all communities have fought for freedom of the country and it would be incorrect to declare everyone opposing the government's policies as 'gaddar' (traitor).

He said that the government should talk to people protesting against the CAA at Shaheen Bagh and other places, and explain the provisions to them.

Shrirang Appa Barne (Shiv Sena) demanded that the ruling party fulfil all promises it had made to the people of the country.

He regretted that although the government promised to double the income of farmers by 2022, farmers were still committing suicide.

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News Network
January 19,2020

Bengaluru, Jan 19: The long-awaited discussions on cabinet expansion finally took place between BJP national president Amit Shah and the state party unit on Saturday, but they produced no result.

Latest indications are that new members will be appointed only after CM BS Yediyurappa returns from Davos, Switzerland, on January 25.

The party held a close-door party meeting at a top hotel in Hubballi. The subject of expanding the cabinet, which currently has 16 vacancies, featured in the talks.

Earlier, Yediyurappa reportedly had a one-on-one with Shah during their 45-minute flight from Bengaluru to Hubballi. He is said to have insisted on accommodating all 11 newly MLAs in the cabinet. These legislators were earlier a part of Congress and JD(S); they contested the December byelections on BJP tickets and won.

This apart, BJP sources said, Yediyurappa and Shah had a brief chat at a private event at Palace Grounds . Separately, Shah, who is the Union home minister, held meetings with Jagadish Shettar, Laxman Savadi and Prahlad Joshi, seeking their views on cabinet expansion.

Shah also wanted to get an idea of what people think about the Yediyurappa government’s performance.

Newly elected MLAs Ramesh Jarkiholi, BC Patil and Srimanth Patil greeted Shah. “We only met him to wish him; we didn’t discuss the cabinet issue. That’s something state BJP members will do,” said Hirekerur legislator BC Patil.

Saturday’s deliberations fail to break the stalemate over the cabinet appointments. There are clear differences in the camp about whether all Congress-JD(S) defectors should be made cabinet members, according to a senior minister attended one such meeting.

Shah reportedly wants only seven to eight newly elected MLAs to be made ministers; the rest of the spots should go to BJP loyalists. Yediyurappa disagrees with this position as he had promised all 13 turncoats places in the cabinet. Two lost in the bypolls.

Shah has now asked Yediyurappa to visit Delhi after returning from Davos to finalise the composition of the cabinet, according to the sources.

Yediyurappa will leave for Davos early on Sunday, while Shah will fly directly to Delhi from Hubballi.

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