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
April 27,2020

Thiruvananthapuram, Apr 27: Kerala Chief Minister Pinarayi Vijayan on Sunday said the issue of return of Non-Resident Keralites (NRKs) to the state has been taken up with the Centre and the state government is awaiting a favourable response.

Vijayan said this in a meeting with Non-Resident Keralites over steps taken by the state government for those wishing to return to the state from foreign countries.

The Chief Minister announced that the Department of Non-Resident Keralites Affairs has opened online registration for such NRKs.

"Those returning should undergo screening at airports. All those returning should undergo mandatory home quarantine for 14 days.

Arrangements of isolation wards will be provided for those unable to go home," said Vijayan.

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News Network
July 28,2020

Hounde, Jul 28: Coronavirus and its restrictions are pushing already hungry communities over the edge, killing an estimated 10,000 more young children a month as meager farms are cut off from markets and villages are isolated from food and medical aid, the United Nations warned Monday.

In the call to action shared with The Associated Press ahead of publication, four UN agencies warned that growing malnutrition would have long-term consequences, transforming individual tragedies into a generational catastrophe.

Hunger is already stalking Haboue Solange Boue, an infant from Burkina Faso who lost half her former body weight of 5.5 pounds (2.5 kilograms) in just a month. Coronavirus restrictions closed the markets, and her family sold fewer vegetables. Her mother was too malnourished to nurse.

“My child,” Danssanin Lanizou whispered, choking back tears as she unwrapped a blanket to reveal her baby's protruding ribs.

More than 550,000 additional children each month are being struck by what is called wasting, according to the UN — malnutrition that manifests in spindly limbs and distended bellies. Over a year, that's up 6.7 million from last year's total of 47 million. Wasting and stunting can permanently damage children physically and mentally.

“The food security effects of the COVID crisis are going to reflect many years from now,” said Dr. Francesco Branca, the WHO head of nutrition. “There is going to be a societal effect.”

From Latin America to South Asia to sub-Saharan Africa, more poor families than ever are staring down a future without enough food.

In April, World Food Program head David Beasley warned that the coronavirus economy would cause global famines “of biblical proportions” this year. There are different stages of what is known as food insecurity; famine is officially declared when, along with other measures, 30% of the population suffers from wasting.

The World Food Program estimated in February that one Venezuelan in three was already going hungry, as inflation rendered salaries nearly worthless and forced millions to flee abroad. Then the virus arrived.

“Every day we receive a malnourished child,” said Dr. Francisco Nieto, who works in a hospital in the border state of Tachira.

In May, Nieto recalled, after two months of quarantine, 18-month-old twins arrived with bodies bloated from malnutrition. The children's mother was jobless and living with her own mother. She told the doctor she fed them only a simple drink made with boiled bananas.

“Not even a cracker? Some chicken?” he asked.

“Nothing,” the children's grandmother responded. By the time the doctor saw them, it was too late: One boy died eight days later.

The leaders of four international agencies — the World Health Organization, UNICEF, the World Food Program and the Food and Agriculture Organization — have called for at least dollar 2.4 billion immediately to address global hunger.

But even more than lack of money, restrictions on movement have prevented families from seeking treatment, said Victor Aguayo, the head of UNICEF's nutrition program.

“By having schools closed, by having primary health care services disrupted, by having nutritional programs dysfunctional, we are also creating harm,” Aguayo said. He cited as an example the near-global suspension of Vitamin A supplements, which are a crucial way to bolster developing immune systems.

In Afghanistan, movement restrictions prevent families from bringing their malnourished children to hospitals for food and aid just when they need it most. The Indira Gandhi hospital in the capital, Kabul, has seen only three or four malnourished children, said specialist Nematullah Amiri. Last year, there were 10 times as many.

Because the children don't come in, there's no way to know for certain the scale of the problem, but a recent study by Johns Hopkins University indicated an additional 13,000 Afghans younger than 5 could die.

Afghanistan is now in a red zone of hunger, with severe childhood malnutrition spiking from 690,000 in January to 780,000 — a 13% increase, according to UNICEF.

In Yemen, restrictions on movement have blocked aid distribution, along with the stalling of salaries and price hikes. The Arab world's poorest country is suffering further from a fall in remittances and a drop in funding from humanitarian agencies.

Yemen is now on the brink of famine, according to the Famine Early Warning Systems Network, which uses surveys, satellite data and weather mapping to pinpoint places most in need.

Some of the worst hunger still occurs in sub-Saharan Africa. In Sudan, 9.6 million people live from one meal to the next — a 65% increase from the same time last year.

Lockdowns across Sudanese provinces, as around the world, have dried up work and incomes for millions. With inflation hitting 136%, prices for basic goods have more than tripled.

“It has never been easy but now we are starving, eating grass, weeds, just plants from the earth,” said Ibrahim Youssef, director of the Kalma camp for internally displaced people in war-ravaged south Darfur.

Adam Haroun, an official in the Krinding camp in west Darfur, recorded nine deaths linked with malnutrition, otherwise a rare occurrence, over the past two months — five newborns and four older adults, he said.

Before the pandemic and lockdown, the Abdullah family ate three meals a day, sometimes with bread, or they'd add butter to porridge. Now they are down to just one meal of “millet porridge” — water mixed with grain. Zakaria Yehia Abdullah, a farmer now at Krinding, said the hunger is showing “in my children's faces.”

“I don't have the basics I need to survive,” said the 67-year-old, who who hasn't worked the fields since April. “That means the 10 people counting on me can't survive either.”

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News Network
January 3,2020

Bengaluru, Jan 3: Three advocates were appointed additional judges of the Karnataka High Court.

A Law Ministry notification, issued here on Friday said Maralur Indrakumar Arun, Engalaguppe Seetharamaiah Indiresh and Ravi Venkappa Hosmani have been appointed as additional judges of the high court on Thursday. The newly appointed Judges will continue in their post for a period of two years from the date they assume charge.

While the names of advocates Arun and Indiresh were recommended by the Collegium on March 25 last year the name of Advocate Hosmani was recommended by the Collegium on October 4.

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