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 16,2020

University of Oxford researchers have claimed that a cheap and widely available drug called dexamethasone can help save the lives of patients who are seriously ill with coronavirus.

Scientists working on the Recovery Trial found the drug could help patients on ventilators and oxygen, but had no effect on those who did not need help breathing.

“Based on these results, one death would be prevented by treatment of around eight ventilated patients or around 25 patients requiring oxygen alone,” researchers said in a statement.

Matt Hancock, the health secretary, tweeted: “This global first exemplifies the power of science.”

“I’m absolutely delighted that today we can announce the first successful clinical trial for a treatment for Covid-19,” Mr Hancock said.

Recovery Trial experts said a randomised group of 2,104 patients was given 6mg of dexamethasone per day for 10 days, while another group of 4,321 were given normal treatment.

Dexamethasone reduced deaths by one-fifth in patients on oxygen feeds and by one-third in those who needed a ventilator to breathe, preliminary results showed.

Mr Hancock added: “This is a huge step forward and it’s because we’ve backed the science.”

Martin Landray, professor of medicine and epidemiology at the Nuffield Department of Population Health, University of Oxford, and one of the trial’s chief investigators, said in a statement: “These preliminary results from the Recovery Trial are very clear – dexamethasone reduces the risk of death among patients with severe respiratory complications.

“Covid-19 is a global disease – it is fantastic that the first treatment demonstrated to reduce mortality is one that is instantly available and affordable worldwide.”

Comments

kushal kumar
 - 
Thursday, 18 Jun 2020

Trials  of  drug  dexamethasone   in  Covid-19  cases   have  brought  success  in  saving  lives  ,  claim  Oxford  University  scientists  on  16 June  2020. 

              According  to  news  reports  on  16 June  , 2020  ,   Oxford  University  Scientists  have  conducted  trials  on  anti-inflammatory  steroid  Dexamethasone   in  Covid-19  cases.  Results  released  by  the   Oxford  University    on  16  June  2020  say  that  the   low-cost  and  easily  available  drug  saves  the  people  seriously  infected  by   Coronavirus  ,  cuts  the  death  risk  by  a  third  for  those  on  ventilators  and  by  a  fifth  for  those  on  oxygen.  The  commentary   on  the  drug   reads  like  this  :-

“  This  is  a  tremendous  news  today  from  the  recovery  trial  showing  that  dexamethasone   is  the  first  drug  to  reduce  mortality  from  Covid-19.  It  is  particularly  exciting  as  this  is  an  inexpensive  widely  available  medicine.  This  is  a  ground  breaking  development  in  our  fight  against  the  disease  and  the  speed  at  which  researchers  have  progressed  finding  an  effective  treatment  ,  is  truly  remarkable.  It  shows  importance  of  doing  high  quality  clinical  trials  and  basing  decisions  as  the  results  of  those  trials”. 

               Covid-19  has  taken  into  its  grip   the  entire  world  during  first  half  of  the  year  2020  ,  infecting   lacs  and  killing  also  lacs  of   its  patients.  In  the  absence  of  an  effective  drug  or  vaccine  ,  people  had  no  choice  other  than   to   look   up   to  the  heavens  or   scientists  to  come  with  some  cure.  And  the  drug  described  here  is  the  first  one  to  respond  to  the  prayer   of  the  global  community  ,  it  seems.     As  regards  a  vaccine  ,   only  few  are  claiming  that  it  can  come  by  the  end  of  the  present  year  2020.  Rather   ,  some  are  of  the  view  that  it  may  take  a  larger  part  of  the  year  2021  and   could   even  go    to  mid-2022.   Whatever  that  scenario  about  prospect  of  arrival  of  vaccine  to  treat  Covid-19  may  be   ,  the  news  that  was  broken   on  16  June  2020   by   the  Oxford  University   scientists   in  relation  to   drug  dexamethasone   would  have  sent  a  wave  of   strength  and  hope   among   people  world-wide.  And  this  Vedic  astrology  writer  was  spirited  for  another  reason  as   well   -  a  prediction  of   when  some  relief   by  way  of  drug  to  fight  Covid-19   may  appear  ,   having  come  accurate  in   the   claim  announced  by  Oxford  University   on  16 June  2020.  This  writer  had  ,   based   on  interpretation  and  application   of  Vedic  astrology  ,   contributed  in  early  April  ,  2020   an  opinion  piece     - “  Some  searchlight  on  way  out  of  Covid-19  presently  tormenting  mankind” -   to  a  number  of   newspapers.  It  was  also  contributed  on  11  April  ,  2020   using  the  ‘ comments’   column  of  article  -‘ Heard  Charles  took   Ayurveda  treatment-based  Ayush  drugs  for   Covid-19’  -   at   theprint.in/india/looking-at-evidence-based-ayush-medicines-to-treat-covid-19-minister-shripad-naik/393407/.   The  text  in  the  opinion  piece  related  to  the  claim  of  success  announced  by  Oxford  University  scientists  on  16 June  ,  2020  ,  reads  like  this  :- 

“  So  reading  in  between  the  lines  ,  it  can  be  said  that  some  effective  drug   or  remedy  can  arrive  by   mid   or  towards   the  last  week  of  June  2020   to   provide  some  relief  during  July  to  September  2020 ,  to  some  good  extent”.

The  point  this  writer  wants  to  share  with  readers  world-wide  is  that   yes  ,  a  drug   envisaged  in  the  aforesaid  prediction  has  appeared  on  the  horizon  in  the  claim  announcement  of  Oxord  University  scientists  on  16  June ,  2020. 

Bio  :-

 

Kushal  kumar  ,

202-GH28  ,  Mansarovar   Apartments  ,

Sector  20  ,  Panchkula-134116  ,  Haryana,

India.

Note  :-  This  writer’s    significant  predictive  work  covering   2020   about   the  U.S.  and  Italy

 

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News Network
January 17,2020

Bengaluru, Jan 17: Chief minister BS Yediyurappa is likely to induct new ministers into his cabinet only after he returns from Davos, Switzerland, on January 25.

Yediyurappa will leave for Davos on January 19 to participate in the World Economic Forum’s 50th annual meet.

Sources say Yediyurappa is keen on expanding his cabinet before he leaves for Davos and is still trying to secure the green signal from BJP national president Amit Shah. However, Shah has cold-shouldered Yediyurappa’s several requests for a meeting to discuss the issue.

Shah is scheduled to visit Karnataka on January 18 to participate in a pro-Citizenship (Amendment) Act rally in Hubballi and the CM plans to corner him there. But, given the time constraint, Yediyurappa is likely to put off the exercise till he returns from Davos even if Shah extends approval.

“Even if Shah gives the green signal, Yediyurappa will have less than 24 hours to expand his cabinet,” a source said. “It is highly unlikely he will rush through the process of inducting ministers. Also, his presence is required to douse disgruntlement which is bound to arise once the new ministers are sworn in.”

The CM and the party high command are on different pages as far as cabinet expansion is concerned. While Yediyurappa is hell-bent on keeping his promise of inducting all the newly elected MLAs, who switched from Congress and JD(S) to the BJP, Shah is keen on sharing vacant berths equally between loyal MLAs and the new entrants. There are 16 cabinet berths vacant.

Shah, sources said, is of the opinion that giving 12 berths to the turncoats will lead to heartburn among loyalists and it will impact the party’s prospects in the next election. “Moreover, he is of the opinion that none of the turncoats have mass appeal, nor do they have any administrative experience. This, he thinks, will impact governance,” said a source.

This has resulted in a deadlock and the issue has dragged on for a month now.

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News Network
January 11,2020

Udupi, Jan 11: A case has been registered against Pune Billava president on the charges of issuing life threats to former Minister Vinay Kumar Sorake and Dinesh Amin Mattu at the Udupi Town Police station, police sources said on Saturday.

Former Minister Vinay Kumar Sorake along with like-minded Billawa organisations and the Udupi Muslim Federation jointly scheduled an inter-religious Billawa – Muslims Harmony meet on January 11, at the Town Hall.

Journalist Dinesh Amin Mattu was the speaker and Vinay Kumar Sorake was to preside over the programme.

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