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 29,2020

Bengaluru, Jan 29: Ramesh Jarkiholi on Tuesday demanded that he and all the newly elected MLAs, who won the bypolls after defecting from the Congress and JD(S), be inducted into the cabinet — likely on January 31 — as promised by chief minister BS Yediyurappa.

"We are hoping all 11 MLAs will be made ministers," Jarkiholi said. "That is what the BJP and the CM promised us and we hope they will keep their promise." This is the first time Jarkiholi has spoken in public on cabinet berths, ever since reports surfaced of the party high command not being in favour of inducting all the turncoats into the council of ministers.

Jarkiholi also said fellow rebel AH Vishwanath should be given a ministerial berth.

Vishwanath, formerly of the JD(S), had lost the bypolls. Jarkiholi said the rebellion would not have succeeded had it not been for Vishwanath.

"Those of us who rebelled against the JD(S)-Congress coalition government got a shot in the arm when Vishwanath supported us," Jarkiholi said. "It is imperative that we support him," he said, even as he sought to distance himself from comments made by newly-elected MLAs ST Somashekar and D Sudhakar, who said Vishwanath cannot demand a ministerial post.

Meanwhile, the BJP issued another deadline — January 31 — to expand the cabinet. "In all likelihood, cabinet expansion will take place on Friday," said an aspirant for a berth. But several BJP functionaries are skeptical of meeting the new deadline.

"Till now, the CM has not been given the green signal by the high command. This is all I can say," said a senior minister in Yediyurappa’s cabinet, while insisting he wouldn’t be surprised if the exercise was postponed till the Delhi elections are over.

Former minister and independent R Shankar, who along with Mahesh Kumatalli and Shrimant Patil accompanied Jarkiholi to a trip to Nanjangud, Mysuru district, has upped the pressure on Yediyurappa to field him in the bypoll to the lone vacant council seat. "I am confident the CM and the BJP will honour promises made to me," Shankar said.

The former minister had joined the BJP during the rebellion, but was not given a ticket to contest the bypolls.

In Chikkamagaluru, deputy chief minister Govind M Karjol insisted he is prepared to step down if needed to enable new entrants into the cabinet. "I’m a disciplined solider of the party. If the BJP directs me to submit my resignation, I will do so and return my official car and take a bus to Bengaluru," Karjol said. He said anyone who doesn’t respect the party line will not grow. "It is imperative to toe the party line," he said.

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News Network
July 12,2020

Bosnia, Jul 12: Bosnians commemorated on Saturday the massacre of about 8,000 Muslim men and boys in Srebrenica, marking the 25th anniversary of killings that shocked the world and have stood out as Europe's only atrocity since World War Two constituting genocide.

Nine newly identified victims were buried at a flower-shaped cemetery near the town, where tall white tombstones mark the graves of 6,643 other victims.

"After 25 years we succeeded in finding his mortal remains, so they can be laid to their final rest," said Fikret Pezic, who buried his father Hasan.

The remains of some 1,000 victims of the massacre in the eastern town during Bosnia's 1992-1995 war are still missing.

Ifeta Hasanovic decided to bury incomplete remains of her husband, saying: "We were aware they cannot be complete after 25 years, at least there are some, I did not want to make any new delays."

World leaders addressed the ceremony by video link, unable to attend because of coronavirus epidemic. Instead of the tens of thousands visitors who typically attend the commemoration each year, only a few thousand came after organisers banned organised visits.

During the Bosnian war, Bosnian Serb forces pushed non-Serbs out of territories they sought for their Serb statelet. Fleeing Muslims took shelter in several eastern towns, including Srebrenica, that were designated as United Nations "safe zones".

On July 11, 1995, the Serb forces commanded by General Ratko Mladic overran Srebrenica, which was protected by lightly armed Dutch peacekeepers.

They sent women and children away and captured and executed the men and boys they found. The bodies were dumped into mass graves and later exhumed by U.N. investigators and used as evidence in war crimes trials of Bosnian Serb leaders.

"We grieve with the families that tirelessly seek justice for the 8,000 innocent lives lost, all these years later," said U.S. Secretary of State Mike Pompeo. Washington brokered Bosnia's peace deal months after the massacre.

Most people at the commemoration were Muslim Bosniaks, reflecting conflicting narratives about the bloodshed - which hinders reconciliation nearly 25 years after the end of war in which about 100,000 people were killed.

The U.N. war crimes tribunal for the former Yugoslavia convicted Mladic and his political chief Radovan Karadzic over Srebrenica genocide but they remained heroes for Serbs, many of whom deny that genocide happened.

On Saturday, the Serbs in the nearby town of Bratunac organised an event marking July 11 as the "Srebrenica Liberation Day".

Sefik Dzaferovic, the Bosniak chairman of Bosnia's tripartite presidency, called for legislation that would ban denial of genocide.

"There can be no trust as long as we witness attacks on the truth, denial of genocide and glorification and celebration of executors," Dzaferovic told the commemoration gathering.

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Agencies
February 13,2020

Bengaluru, Feb 13: UK's Chancellor of the Exchequer Sajid Javid quit the Boris Johnson government as part of a cabinet reshuffle unfolding on Thursday and has been replaced by Rishi Sunak, reports said.

Indian-descent Sunak, 39, who is married to Akshata, the daughter of Infosys co-founder N.R. Narayana Murthy, was Chief Secretary to the Treasury since July 2019.

An analyst with Goldman Sachs before joining politics in 2014, Sunak, whose grandparents were from Punjab and emigrated to the UK from east Africa, is MP from Richmond (Yorkshire). He was Parliamentary Under-Secretary of State for Local Government in the Theresa May government.

Pakistani-descent Javid, who became the first Asian to become a Cabinet Minister when he was made Secretary of State of culture, Media and Sports in the David Cameron government in 2014 after stints as Economic Secretary to the Treasury (2012-13) and Financial Secretary (2013-14), was earlier the Home Secretary in the the Theresa May government.

He had then cleared absconding businessman Vijay Mallya's extradition to India in February last year following the decision by the Westminister Magistrates Court in December 2018.

Javid, who ran for Conservative Party leadership after May quit but lost to Boris Johnson, was made Chancellor by the later. In the reshuffle on Thursday, he was offered to retain his post if he fired all his advisors but declined and quit, the BBC reported.

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