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
February 29,2020

Bengaluru, Feb 29: Gangster Ravi Poojary, who was arrested from Senegal earlier this week, and is being interrogated by the Cental Crime Branch (CCB) police, wants to evade the Mumbai police for any kind of inquiry. Claiming that there is a serious threat to his life, he is believed to have told his investigators that he should not be sent there. Poojary is being grilled by the CCB for his alleged involvement in numerous cases.

“He is aware that he will be given to the custody of Mumbai police as he had committed several crimes before fleeing India and also made hundreds of extortion calls to the well-heeled there. Hence, he has started requesting us not to send him to Mumbai. He claimed that he has many rivals there and they may go to any extent to get him killed,” a source said. Poojary was once an associate of dreaded underworld don Dawood Ibrahim.

Poojary has little option but to face Mumbai cops

Poojary had left Dawood’s gang and had joined Chhota Rajan, who split from D-Company and established his own network. There were also attempts by Dawood’s men to assassinate Rajan on a few occasions. During his days in Mumbai, Poojary was also reportedly facing threats from Dawood and other gangsters. “Since Poojary had jumped bail in the murder case of a gangster in Mumbai and f l e d the country, he has no option but to face trial again. Besides, he has made over a hundred extortion calls to businessmen and celebrities in Mumbai in the last two decades.

It’s inevitable for him to face inquiry by the Mumbai police,” an official said. “Now that he knows his options are limited, he is requesting us not to send him to Mumbai under any circumstance, claiming that he faces a serious threat to his life by Dawood’s aides and others. However, when we are done with questioning him, and if Mumbai police approach the court, it will decide whether to give him to their custody or not,” the official added. Poojary, who was brought to India on February 24, has been remanded to police custody till March 7. The police are likely to seek extension of his custody as he is facing close to 100 cases in Karnataka.

Cases filed in 4 states the gangster, originally from Malpe in Dakshina Kannada, has cases against him in Kerala, Maharashtra, and Gujarat. At least 46 cases are registered in Bengaluru alone.

Comments

Well Wisher
 - 
Monday, 2 Mar 2020

Handover him to Andhra police

Ahmed
 - 
Sunday, 1 Mar 2020

Join BJP, All you cases will be waived off haha...

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News Network
March 31,2020

Bengaluru, Mar 31: With many departmental stores, shops and establishments insisting on people to wear masks, Karnataka government on Tuesday clarified that as a rule every one need not wear a mask.

The Commissionerate of Health and Family Welfare Services in an advisory said a person is suppose to wear mask only when he or she has symptoms of cold or cough or fever or any other respiratory problem.

It said a person who is caring for COVID-19 suspect or confirmed patient should wear mask. Also, a health worker who is attending to a patient with respiratory symptoms should wear a mask.

The advisory also noted that those treating or handling COVID-19 suspects or patients need to wear N95 mask, while others can wear triple layer surgical mask.

The advisory from the Commissionerate has come amid shops and establishments, also police on road insisting people to wear masks when they venture out.

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News Network
June 20,2020

Bengaluru,  Jun 19: Following the coronavirus outbreak, Bengaluru's Kempegowda International Airport has introduced ultraviolet treatment while scanning outbound baggage apart from other measures to enhance passenger and staff safety.

"Two custom-designed UV tunnels have been created to disinfect trolleys after every use. Two custom-designed UV tunnels have been created to disinfect trolleys after every use. These Tunnels are located at a cordoned-off area of the Terminal," according to a statement by the Bangalore International Airport Limited (BIAL).

The airport plans to use an ultra-low volume (ULV) spray treatment for check-in bags: all outbound passenger baggage is sanitised before dispatch to the aircraft

Authorities also plan to minimise use of additional trays for footwear by introducing specially designed trays; the trays that are in use are UV treated and sanitised manually after every use.

Officials are currently in the process of implementing silver nano-coating for frequently used touchpoints for self disinfection like check-in counters, Immigration counters, ATRS trays, etc. Currently, sanitisation of high-traffic areas and frequently touched surfaces continues to be done every thirty minutes manually without disrupting the flow of passengers.

All high-traffic areas are sanitised once every three hours by using ULV machines - eight times in 24 hours.

Washrooms across the Airport premises are sanitised on a regular basis with dedicated manpower, irrespective of the frequency of use. 456 units of tabletop hand sanitiser and 107 units of sensor-based hand sanitisers have been placed across the Terminal.

120 biowaste bins located across the Airport campus enable passengers and staff to dispose of their masks, gloves and other PPE conveniently and safely. This bio-waste is managed by a dedicated team and handed over to a Pollution Control Board-approved vendor and taken away for incineration.

The Airport said that the passenger feedback for the contactless process has been positive. "The objective of the process is to minimise physical contact and enhance passenger throughput," it said.

These sanitisation measures come in light of the highly infectious COVID-19 pandemic which spreads through person-to-person contact. Small droplets from the nose or mouth can spread the virus when they land on objects and surfaces around the person.

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