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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coastaldigest.com news network
July 17,2020

Mangaluru, July 17: For the first time, Dakshina Kannada saw over 3,00 new coronavirus cases in a single day. The coastal district today recorded 311 positive cases. 

The number of active cases in the district is 1,725 while its overall tally stands at 3,074.

Out of the 26,242 samples tested so far, 23,168 were tested negative. 

As many as 1,278 people were discharged after fully recovering so far including 115 people who were discharged today.

The district also recorded deaths of 8 covid-19 patients in past 24 hours including a woman. The deceased are aged between 53 years and 78 years. 

With this the total number of deaths in the district mounted to 71 including 12 patients from other districts who were admitted in hospitals here. 

Meanwhile, Karnataka reported 3,693 fresh cases in the last 24 hours, which raised the virus case count to 55,115. The number of recoveries reached 20,757, including 1,028 on Friday.

At 115 fatalities, the state witnessed its biggest single-day jump. Bengaluru accounted for 75 of these 115 deaths. The number of active cases in the state are 33,205, including 508 patients who are in ICU. The state's death toll reached 1,147 while that of Bengaluru stands at 582.

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News Network
July 7,2020

Bengaluru, Jul 7: There seems no impact of Covid-19 on kharif crop sowing in Karnataka with the current year actually being ahead of previous years, according to an official here on Monday.

"In agriculture, as far as sowing is concerned, there is no impact of COVID-19," Agriculture Commissioner Brijesh Kumar Dikshit told IANS. One of the reasons, according to Dikshit, is that people in rural areas are aware, but not scared of the pandemic.

"In rural India, coronavirus is there. People are aware, not scared. They are taking precautions, but don't have any phobia," he said.

Another reason was that by June the number of infections in Karnataka was not as high as other states, when a lot of sowing was done, he said.

By the end of June, Karnataka saw 15,242 Covid-19 cases. Of that, 7,074 were active.

The sowing is ahead of previous year as it's mostly dependent on weather. "It's ahead of previous years. Agriculture is directed by weather and rains had been slightly earlier this year," he said.

According to Karnataka State Natural Disaster Monitoring Centre, at 185 mm the state received 14 mm less rain in June against the normal 199 mm. "It's like a normal year, or slightly a good year," he said.

Some crops will be sown in the last fortnight of July and few more will extend up to August 15. "The last two weeks will be critical and on July 31 we should be able to tell whether we are short or ahead," he said.

According to preliminary indications, the Commissioner said the area under agriculture is increasing this year, which could also be because that labourers might have come back.

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News Network
June 5,2020

Bengaluru, Jun 5: Karnataka Chief Minister B S Yediyurappa on Thursday said government employees and owners of tractors and other vehicles must return the BPL ration cards immediately, failing which stringent legal action would be initiated against them.

The CM issued directions in this regard to officials as he conducted a review meeting of the Food and Civil Supplies and Consumer Affairs department today. Proper supply of ration must be ensured to eligible beneficiaries and action has to be taken to prevent misuse of the facility by those not eligible, Yediyurappa was quoted as saying by his office in a release.

Nearly 63,000 ration cards were cancelled before the COVID-19 outbreak, he noted and directed officials to initiate a campaign to cancel all illegal ration cards. "this campaign would help in curtailing the financial burden on the State's reserves," he added.

In the backdrop of coronavirus pandemic, both the Central and State governments have distributed sufficient quantities of ration, and about 95 percent ration cardholders have availed the benefit, the release said. Under the Chief Ministers Anila Bhagya Scheme, 98,079 beneficiaries have been given 3 gas cylinders free of cost, it said.

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