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
July 13,2020

Bengaluru, Jul 13: The Bruhat Bengaluru Mahanagara Palike (BBMP) has initiated the process of recruiting 1,700 medical professionals, doctors, staff nurses and support staff to scale up its workforce to set up 30,000 COVID-19 care beds, an official said on Sunday.

According to the official, to establish and run 30,000 COVID care beds, 1,800 doctors and 3,600 nurses are required. A 10,100-bed facility was set up last week in the Bengaluru International Exhibition centre (BIEC) on Tumkur road.

The Health Department has calculated that one doctor per shift is needed for every 100 patients and one staff nurse for every 50 patients. Similarly, two supporting staff and three Group D employees are needed per shift for every 100 patients. Generally, a day is divided into three shifts of eight hours each.

According to the director of medical education, there are 25,000 nursing students who have completed GNM and BSc Nursing courses and are pursuing higher education.

Likewise, there are 3,231 medical, dental and Aayush interns, while MD and MS postgraduate students have been identified to be 1,613 in Bengaluru colleges.

"The department plans to actively utilise the services of interns and postgraduate students for the COVID Care Centre (CCC) operations," said the official.

Currently, there are 2,100 CCC beds operational under the civic body in Bengaluru with a pool of 503 doctors, 167 ayush doctors, 128 nursing and paramedical staff.

Earlier in May, the civic body also notified the recruitment of 380 microbiologists, technicians and data entry operators for six months. In June, the civic body again notified the recruitment of 637 doctors, nurses, technicians and group d employees to strengthen its fight against the pandemic.

Bengaluru has recently seen a spike in COVID-19 in Karnataka, accounting for 61% of all active cases in the state.

On Saturday, the city reported 1,533 new cases, taking its total tally to 16,862, of which 12,793 are active.

Karnataka recorded 2,798 more coronavirus cases and 70 more casualties on Saturday evening, raising the state's total cases to 36,216 and the death toll to 613.

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News Network
May 11,2020

Mangaluru, May 11: Hundreds of migrant labourers today gathered at a service bus stand in Mangaluru to return to Uttar Pradesh and Jharkhand.

They were working in different parts of Dakshina Kannada and remained stranded without a job after the announcement of lockdown.

Labourers said that they have not registered with Seva Sindhu portal to avail pass for travelling outside the state.

Though all the people who gathered wore a mask, the physical distancing norm was not followed.

Already three Shramik trains from Mangaluru had left for Jharkhand, Uttar Pradesh and Bihar with nearly 3,500 stranded labourers in the last two days.

The gathered labourers are anticipating that they would be allowed to travel to their destinations in the Shramik trains that will leave in the evening from Mangaluru.

The doctors and paramedical staff who have arrived the spot are checking the health of the labourers before allowing them to travel to the railway station.

The cost of a ticket to Uttar Pradesh is Rs 1,040 per person (which includes bus fare from service bus stand to railway station, food and water bottle).

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News Network
May 1,2020

Bengaluru, May 1: As Mumbai link surfacing in some COVID-19 cases in Mandya district in Karnataka, JDS leader and former chief minister H D Kumaraswamy on Friday blamed the district administration for the situation, accusing it of not quarantining 7,000 labourers who 'returned' from the Maharashtra capital.

"The information we have is that there are about 16,000 labourers from Mandya were working in Mumbai of which 7,000 people reached the district. None of them was quarantined properly," Kumaraswamy told reporters in Bengaluru.

He claimed the district, a stronghold of JDS, was staring at a major spurt in cases due to the careless attitude of the district administration. "Government should initiate action against those who are responsible for the laxity," he said.

However, he did not specify when the 7,000 workers returned to Mandya. When asked about Kumaraswamy's claim, officials said they have to verify it. Of the eight cases reported from Mandya on Friday, three had a travel history to Mumbai, a major COVID-19 hotspot in the country, officials said.

A Health Department official said four of the fresh cases were contacts of a patient who tested positive on April 8 and admitted to a hospital. After weeks of coming in contact with him, the four were confirmed for COVID-19, an official said. The Three people with travel history to Mumbai had, in fact, brought the body of a man who died of a heart attack there on April 24, the official added.

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