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
January 18,2020

Kozhikode, Jan 18: A "fifth-generation dynast" Rahul Gandhi has no chance in Indian politics against a "hard-working and self-made" Narendra Modi, and Kerala did a disastrous thing by electing the the Congress leader to Parliament, historian Ramachandra Guha said here on Friday.

Guha said the reduction of the Congress from a "great party" during the freedom movement to a "pathetic family firm" now is one of the reasons for the ascendency of Hindutva and jingoism in India.

"I have nothing against Rahul Gandhi personally. He is a decent fellow, very well-mannered. But young India does not want a fifth-generation dynast. If you Malyalis make the mistake of re-electing Rahul Gandhi in 2024 too, you are merely handing over an advantage to Narendra Modi," said Guha on the second day of the ongoing Kerala Literature Festival (KLF) during his talk, "Patriotism Vs Jingoism".

Addressing the crowd, full of Keralites, he said, "Kerala, you have done many wonderful things for India, but one of the disastrous thing you did was to elect Rahul Gandhi to Parliament."

"Narendra Modi's great advantage is that he is not Rahul Gandhi. He is self-made. He has run a state for 15 years, he has an administrative experience, he is incredibly hard working and he never takes holidays in Europe. Believe me I am saying all this in all seriousness," he said.

But, even if Rahul Gandhi was "much more intelligent, more hard-working, never took a holiday in Europe, as a fifth generation dynast he still will be at a disadvantage against a self-made person", the 61-year-old author said.

He took on Congress president Sonia Gandhi too who, he said, reminded him of the "late Mughal dynasty" and how aloof they were of the state of their kingdom.

"India is becoming more democratic and less feudal, and the Gandhis just don't realise this. You (Sonia) are in Delhi, your kingdom is shrinking more and more but still your chamchas (sycophants) are telling you that you are still the badshah," he said.

Further, he quoted his teacher and noted Indian sociologist Andre Beteille to describe the story of Nehru-Gandhi family as a classic "reversal of the famous Biblical injunction": the sins of the father will be visited upon seven successive generations.

"In the Nehru's case, it is the sins of the seven successive generations have been re-visited upon Nehru... look at the national debate today. Why is Nehru evoked everytime? Why does Modi always say Nehru ne Kashmir mein yeh kiya, China mein yeh kiya, Triple Talaq mein yeh kiye ... because Rahul Gandhi is there.

"Now if Rahul Gandhi disappears, Modi has to talk about his own policies and why they failed," he said.

According to Guha, "Hypocrisy of the Indian Left -- the fact that they loved other nations more than India", "rise of aggressive nationalism worldwide" and "the rise of Islamic fundamentalism in neighbouring countries" are some other reasons behind the evident leap of Hindutva in India in the recent times.

Historian William Dalrymple, novelists like Benyamin, Namita Gokhale, Chetan Bhagat and journalists Karan Thapar and Rajdeep Sardesai are among the many other writers who will be attending the four-day festival.

The focus theme of KLF 2020 is environment and climate change.

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News Network
March 31,2020

Bengaluru, Mar 31: The total number of confirmed cases of coronavirus in Karnataka rose to 98 on Tuesday, according to the state government.

This includes 3 deaths and 6 patients who were cured and discharged, leaving the active cases to 89.

Meanwhile, Karnataka Home Minister Basavaraj S Bommai said that his government has succeeded in tracking more than 24 people in Bengaluru, who attended the Tablighi Jamat event in Delhi held earlier this month.

"Over 24 people, who attended Tablighi Jamaat event in Delhi, tracked in Bengaluru. We have quarantined 54 people. 8 people also in Bidar. 1 person found positive in Bidar and we have quarantined him. There are people who attended jamaat from almost all districts of the state," Bommai told news agency here.

Delhi's Nizamuddin area emerged as a hotspot after a religious meeting was held at Markaz by the Tableeghi Jamaat earlier this month, and several COVID-19 positive cases have been found among those who attended the gathering.

At least 24 people staying at Markaz building in Nizamuddin area of the national capital have tested positive for coronavirus, Delhi Health Minister Satyendar Jain on Tuesday.

"All of them are being screened. We are not certain of the number but it is estimated that 1500-1700 people had assembled at the Markaz building. 1033 people have been evacuated so far - 334 of them have been sent to the hospital and 700 sent to quarantine center. A total of 24 positive cases have been found so far," he said while speaking to reporters here.

The minister also slammed the organizers of the religious event saying that they have committed a grave crime.

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News Network
February 21,2020

Beijing, Feb 21: A 29-year-old Chinese doctor, who postponed his wedding to treat patients infected with the deadly coronavirus, has died treating them after being infected by the virus, the ninth fatality among the healthcare providers working to contain the outbreak.

Dr Peng Yinhua, doctor of a Wuhan hospital who treated patients infected with the coronavirus, died on Thursday night, according to the health bureau.

Peng, a respiratory acute care medical professional, became infected while working to combat the novel coronavirus at the First People's Hospital of Jiangxia District of Wuhan. He was hospitalised on January 25 and transferred to the Wuhan Jinyintan Hospital for treatment on January 30.

"Peng Yinhua, a frontline doctor at Jiangxia First Hospital in virus epicenter #Wuhan, died of #COVID19 on Thursday night. He had earlier delayed his wedding as he wanted to treat patients with the disease at hospital," state-run Global Times tweeted on Friday.

He died from the virus despite doctors' all-out efforts to save his life.

Chinese health authorities have asked health agencies to apply for the honour of martyr for deceased medical staff to the veteran's affairs authorities, comfort the families of the deceased and help solve their difficulties, as well as publicise stories of those who sacrificed their lives during the epidemic, state-run Xinhua news agency reported.

Li Wenliang, the 34-year-old Chinese doctor, who was one of the first people to sound the alarm about the new outbreak died on February 7.

Li sent a message to his medical-school alumni group on December 30, warning that seven patients had been quarantined at Wuhan Central Hospital after coming down with a respiratory illness that seemed like the SARS coronavirus. But Wuhan police reprimanded and silenced Li.

Earlier, Dr Liu Zhiming, head of the Wuchang Hospital died due to the virus. On the same day Liu Fan, senior nurse of the hospital, died along with her parents and brother due to the virus.

China’s National Health Commission earlier said that a total of 1,716 medical workers had contracted the infection as of February 11.

Peng's death takes the death toll among the medical staff to nine.

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