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 7,2020

Bengaluru, Jan 7: Karnataka Chief Minister BS Yediyurappa on Monday said the much-awaited cabinet expansion will take place in about a week to 10 days and that he wants to complete the exercise before his proposed visit to Davos to attend the World Economic Forum meet later this month.

"Cabinet expansion has to be done in a week or 8-10 days. There is also information that Amit Shah will be coming to Bengaluru on January 16 or 18. Before that I will go to Delhi and get things cleared and will expand the cabinet at the earliest," Mr Yediyurappa said.

Speaking to reporters in Bengaluru, he said he wanted to complete the exercise before his Davos visit.

"I will make all efforts to expand the cabinet before that," he said.

With Mr Yediyurappa making it clear that 11 of the disqualified JDS-Congress MLAs who got re-elected in the December 5 bypolls on BJP tickets will be made ministers, lobbying has been on within the party for the remaining ministerial berths.

Currently, there are 18 ministers, including the Chief Minister, in the cabinet that has a sanctioned strength of 34.

Cabinet expansion will not be an easy task for the Chief Minister as he will have to strike a balance by accommodating the victorious disqualified legislators as promised and also make space for the old guards, upset at being "neglected" in the first round of the induction exercise.

He also has to give adequate representation to various castes and regions in his cabinet and also deal with the allocation of key portfolios.

The Chief Minister, who has indicated that the ministry expansion may take place any time after Sankranti, is likely to travel to Davos on January 20, according to sources.

BS Yediyurappa, along with Union ministers Piyush Goyal and Mansukh Mandaviya, as well as Chief Ministers Amarinder Singh, Kamal Nath, are expected to join over 100 Indian CEOs at Davos in Switzerland later this month for the WEF's 50th annual meeting, which will be attended by thousands from across the globe.

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coastaldigest.com news network
June 17,2020

Mangaluru, Jun 17: A private flight chartered by UAE-based NRI hotelier Praveen Shetty has brought home around 175 people from United Arab Emirates.

This is the third flight chartered by Mr Shetty, chairman of the Fortune Group of Hotels, and president of the Karnataka Non-Resident Indian Forum, to repatriate his employees and other stranded Kannadigas.

The Air Arabia flight with 168 adult passengers and six infants on board took off from Sharjah International Airport at 9:45 pm (UAE time) on June 16 and landed at Mangaluru International Airport at 2:50 am Indian Standard Time on June 17.

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News Network
April 4,2020

Bengaluru, Apr 4: As calamity struck the nation in the form of coronavirus, many philanthropists have generously opened their wallets to sustain the urban poor, especially the migrant labourers in the city and elsewhere in Karnataka.

These individuals either directly or through organisations opened up their kitchens to ensure that no one goes to bed hungry in this distressing time.

The Bruhat Bengaluru Mahanagara Palike, the nodal agency to feed urban poor, responded positively to requests by these organisations and individuals to supply food to the needy on their behalf.

"We had been serving food through our Indira canteens, which we continue to do even now. However, many philanthropists and corporates have come forward to feed the needy," the BBMP joint commissioner Sarfaraz Khan told reporters.

According to BBMP, Indira canteens used to provide two lakh meals a day on normal occasions.

However, since the lockdown has been clamped, the number swelled by almost 50 per cent.

"On Thursday alone, we served 2.85 lakh food, which comprises breakfast, lunch and breakfast," a Palike officer said.

The major aid came from Jain International Trade Organisation (JITO) and Azim Premji Foundation.

While JITO is feeding around 22,000 people, Azim Premji Foundation is taking care of 20,000 people.

Sajjanraj Mehta, an office bearer of JITO, told reporters that his organisation has been providing packaged cooked food since March 27.

"We got in touch with Bengaluru Mayor M Gautham Kumar, Police Commissioner Bhaskar Rao and the BBMP commissioner B H Anil Kumar. According to their list, 27,000 food packets were required daily," Mehta told.

The JITO members have arranged vehicles of their respective businesses to transport food packets to different locations as part of the campaign named as 'COVID-19 manav seva'.

The organisation has also decided to utilise the kitchen of Princess Golf, a marriage hall on Palace Grounds here to prepare food.

Palike officials said on Thursday alone JITO supplied 53,000 meals.

"We asked them to cover migrant labourers in those areas where Indira Canteen could not reach. We mapped the cluster and provided them info. Now, they are distributing it there," they said.

Another organisation engaged in charitable work is ISKCON Bengaluru.

Ever since the lockdown, it has been working in various parts of India providing food to various people.

"We are providing materials such as rice, wheat flour, Daal, oil, vegetables with long shelf life, salt, sugar and spices. Each packet can sustain for at least 21 days," Madhu Pandit Dasa, president of ISKCON Bengaluru.

The organisation has set a target to cover at least two lakh people but so far it has reached out to 30,000 people including 25,000 in Bengaluru alone.

"We are feeding about 50,000 people in Delhi, with the Telangana government we are feeding about 40,000 people in Hyderabad, about 10,000 people in Ahmedabad in association with the Gujarat government," Dasa told.

According to BBMP, other organisations providing food to the needy are KMFY, TVS Group, Vimal Bhandari, Radisson Blue Atria Hotel, Hitech Ecowood, Mohammed Shajid, Prestige Group.

Wipro Ltd also pitched in to feed the poor by opening up its industrial kitchen infrastructure.

In a statement, Global Head- Operations of the company Hariprasad Hegde said the humanitarian crisis we are faced with as part of the Covid-19 crisis has multiple dimensions to it, of which the need to deliver cooked meals to the stranded migrant workers and other vulnerable communities is probably the most critical and immediate one.

Recognising this, Wipro has decided to use the industrial kitchen infrastructure in our facilities to provide cooked meals, he said.

This kicked off on April 2 with the delivery of 43,000 meals from our Bangalore facility in Kodathi to the government.

"We have made use of our own procurement logistics to source the food provisions. This is a collaborative process, with the government taking responsibility for the logistics of last mile delivery to the communities that need it the most,” he said.

In the case of Bangalore, the Karnataka government has come forward to provide this kind of complementary delivery support. We are reaching out to other state governments and local administrations for similar efforts." he said.

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