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 12,2020

Mangalore, Jan 12: Thieves reportedly stole around 70,000 cash from a MESCOM ATP machine located at Chembugudde in Thokkottu, Police said here on Sunday.

Police said that the theft took place in the MESCOM sub-division office at Chembugudde. It was said that the thieves broke open the room where the MESCOM customers bill payment machine was located and stole 70,000 rupees cash from the ATP machine.

This machine had nine lakh rupees cash. The amount was reported to have been transferred at around 1500 hrs on Saturday.

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News Network
June 27,2020

Bengaluru, Jun 27: The Bengaluru Police Commissioner’s office on Infantry Road has been sealed after one of the staffers tested Covid-positive. It will remain shut from June 27 to 29. 

A senior police officer from the administrative department, in a media release, stated that almost the entire staff has been asked to work from home, while some have told to work from sub-divisions of DCP’s offices. 

It is said that one of the staffers, who recently reported for duty at Anti-Terror Cell (ATC), tested positive on Friday, and officials took a decision to seal the premises after the media got wind of it. 

Earlier, a function for Drug Observation Day too was held on the premises on Friday. The staff has not been asked to go on quarantine. 

Only a few staffers have been asked to come to the police control room situated in the same building.

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News Network
January 25,2020

New Delhi, Jan 25: The latest edition of the Oxford Advanced Learner's Dictionary features 26 new Indian English words, including Aadhaar, chawl, dabba, hartal and shaadi.

The 10th edition of the dictionary, which was launched on Friday, has 384 Indian English words and incorporates over 1,000 new words such as chatbot, fake news and microplastic.

The dictionary focuses on language change and its evolution through the years, and has ensured that the language and examples used in the new edition are relevant and up to date with the times, Oxford University Press (OUP) said.

The new edition comes with interactive online support through the Oxford Learner's Dictionaries website and an app. The website includes advanced features such as audio-video tutorials, video walkthroughs, self-study activities and enhanced iWriter and iSpeaker tools.

"This edition has 26 new Indian English words of which 22 figure in the printed dictionary. The other four are in the digital version," said Fathima Dada, Managing Director (Education Division) at OUP.

Some of other new Indian words in the dictionary are auntie (while aunty already figures in the English dictionary, auntie is an Indianism), bus stand, deemed university, FIR, non-veg, redressal, tempo, tube light, veg and videograph.

The four new Indian English words in the online version of the dictionary are current (for electricity), looter, looting and upazila (one of the areas that a district is divided into for administration purposes).

According to OUP, the new edition provides better, more accurate and understandable definitions with examples, usage notes and additional resources to help the learner use the right word in the right context.

"Prevalence and common usage are the main criteria for enlisting new words. We scan the globe for words which are often used by people while speaking English. Then these words go through a rigorous testing process," Dada said.

"As OUP is the custodian of English language globally, these words have to go through its processes," she told PTI.

The Oxford Advanced Learner's Dictionary, she said, has been reinventing itself for nearly eight decades, anticipating the growing learning requirements of learners.

"The 10th edition also is equipped with a strong digital support system, including an app," she said.

It is equipped with several digital tools. With iSpeaker, learners can get help preparing for speaking exams and presentations. With iWriter, learners can plan, write and review their written work. Text Checker allows the teacher to check any text against the Oxford 3000, 5000, and OPAL (Oxford Phrasal Academic Lexicon) written word list.

Resources accessible through online premium access include lesson plans, worksheets, video walkthroughs, and classroom and self-study activities. With the OALD app one can find 86,000 words, 95,000 phrases, 112,000 meanings and 237,000 examples.

The dictionary, which spans 77 years, was originally published in Japan in 1942 and was first brought out by OUP in 1948. The learner's dictionary is based on the original values of its creator, Albert Sydney Hornby, whose aim was to help language learners worldwide understand the meaning of English words.

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