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 27,2020

Bengaluru, Mar 27: The Indian Air Force (IAF) on Wednesday said it has created nine quarantine facilities of 200-300 personnel capacity each at its nodal bases across the country to combat the outbreak of novel coronavirus.
"To monitor the prevailing situation and provide immediate response and assistance as required, a 24x7 crisis management cell has been set up at the IAF Headquarters and various Command Headquarters," stated an IAF press release.
IAF aircraft are continuing to fly in medical supplies and doctors to Leh and fly out blood samples for COVID-19 testing to Chandigarh and Delhi, the release noted.
"Command Hospital Air Force Bangalore (CHAFB) has been designated as the first laboratory in the IAF to undertake COVID-19 testing, which will greatly enhance the region's ability to carry out quick testing of suspected cases and allow prompt and timely intervention where required," it mentioned.
All measures and directives issued by the government towards containing the spread of COVID-19 have been strictly enforced across all IAF stations, the release stated.
"The Indian Air Force continues to take measures to provide all possible assistance to civil administration across the country in containing the spread of COVID-19. The IAF has created nine quarantine facilities of 200-300 personnel capacity each at nodal IAF bases across the country," the release noted.

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News Network
April 18,2020

Ballari, Apr 18: Hosapete town in Ballari district of Karnataka gasped in disbelief as it turned out that 11 members of one single family are positive for the coronavirus.

The whole town has been declared a containment zone and is being surveilled 24X7.

The family includes seven members whose tests returned positive today, three who tested Covid-19 positive on March 30 and one other member subsequently.

The seven who tested positive today had been negative when they were earlier tested along with the others.

They have all now been shifted to isolation wards at the District Hospital in Ballari.

Including this family of 11, Ballari has 13 positive cases so far, with one case each reported from Ballari and Siraguppa towns.

Startled by this sudden upsurge from Hosapete, the district administration has set up 16 fever clinics to screen people and six COVID care centres to treat positive cases. There are two dedicated COVID hospitals, one at Ballari and another at Torangallu in Sandur.

A team of psychological counsellors have been put on duty to provide support to the patients at the isolation centres.

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News Network
June 20,2020

Bengaluru,  Jun 19: Following the coronavirus outbreak, Bengaluru's Kempegowda International Airport has introduced ultraviolet treatment while scanning outbound baggage apart from other measures to enhance passenger and staff safety.

"Two custom-designed UV tunnels have been created to disinfect trolleys after every use. Two custom-designed UV tunnels have been created to disinfect trolleys after every use. These Tunnels are located at a cordoned-off area of the Terminal," according to a statement by the Bangalore International Airport Limited (BIAL).

The airport plans to use an ultra-low volume (ULV) spray treatment for check-in bags: all outbound passenger baggage is sanitised before dispatch to the aircraft

Authorities also plan to minimise use of additional trays for footwear by introducing specially designed trays; the trays that are in use are UV treated and sanitised manually after every use.

Officials are currently in the process of implementing silver nano-coating for frequently used touchpoints for self disinfection like check-in counters, Immigration counters, ATRS trays, etc. Currently, sanitisation of high-traffic areas and frequently touched surfaces continues to be done every thirty minutes manually without disrupting the flow of passengers.

All high-traffic areas are sanitised once every three hours by using ULV machines - eight times in 24 hours.

Washrooms across the Airport premises are sanitised on a regular basis with dedicated manpower, irrespective of the frequency of use. 456 units of tabletop hand sanitiser and 107 units of sensor-based hand sanitisers have been placed across the Terminal.

120 biowaste bins located across the Airport campus enable passengers and staff to dispose of their masks, gloves and other PPE conveniently and safely. This bio-waste is managed by a dedicated team and handed over to a Pollution Control Board-approved vendor and taken away for incineration.

The Airport said that the passenger feedback for the contactless process has been positive. "The objective of the process is to minimise physical contact and enhance passenger throughput," it said.

These sanitisation measures come in light of the highly infectious COVID-19 pandemic which spreads through person-to-person contact. Small droplets from the nose or mouth can spread the virus when they land on objects and surfaces around the person.

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