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 3,2020

Udupi/Mangaluru, Apr 3: As many as 11 liquor addicts in Udupi and Dakshina Kannada districts have committed suicide, due to non-availability of liquor.

It is said that the District administration, in association with Psychiatrists, have taken the initiative to provide counselling services, along with telemedicine, to the addicts.

Deputy Commissioner G Jagadeesh said on Thursday that arrangements will be made to provide treatments and personal counselling for the liquor addicts.

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News Network
March 18,2020

Bengaluru, Mar 18: Karnataka Congress President DK Shivakumar on Wednesday met the Director-General of Police in Bengaluru and demanded police protection for Madhya Pradesh Congress MLAs and the removal of BJP workers from the hotel in Bengaluru, where the legislators are currently lodged.

"The (Madhya Pradesh) legislators have come here and have requested police protection, that is all. Let the police give them protection, our candidate (Digvijaya Singh) has come, let him meet the legislators. Why are BJP workers protecting them? We know that they are under threat and hence we need to vacate them (BJP workers)," Shivakumar told reporters here after the meeting.

"We will give protection to our men and that is why we are telling them they cannot stop us. They should be in a free and fair position. I have communicated to DGP that BJP needs to vacate," he added.

Earlier today, Congress' Rajya Sabha candidate from Madhya Pradesh and former chief minister Digvijaya Singh was placed under preventive arrest after he sat on a dharna near Ramada Hotel here, allegedly for not being allowed by police to meet the 21 Congress rebel MLAs lodged in a hotel.

"I am a Rajya Sabha candidate from Madhya Pradesh, voting is scheduled for March 26. My MLAs have been kept here, they want to speak to me, their phones have been snatched, the police is not letting me speak to them saying there is a security threat to MLAs," Singh told reporters.

Singh who sat on the dharna with a face mask on said: "We were expecting them to come back, but when we saw they're being held back, messages came from their families...I personally spoke to five MLAs, they said they're captive, phones snatched away, there is Police in front of every room. They're being followed 24/7," Singh said.

The development comes amid the political crisis in Madhya Pradesh after the exit of Jyotiraditya Scindia from the Congress party.

Scindia's departure was followed by 22 Congress MLAs resigning from the party as well as from the state legislative Assembly.

The resignation of these MLAs has left the Kamal Nath government below the majority mark.

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coastaldigest.com news network
February 8,2020

Udupi, Feb 8: A rare sixth century granite idol of ‘Lajja Gauri’ has been discovered fixed on the road in Barkur village of Udupi district, according to information furnished by Dr. Shivakant Bajpai, Superintending Archaeologist of ASI Bangalore Circle. Lajja Gauri is depicted in nude form and is said to be a fertility symbol. The idol is rare, though very popular among certain cults.

Dr Shivakant Bajpai, who is on a tour of the coastal districts, said that he first came across the image when it went viral on social media. He subsequently traced it to a public road in Barkur, which is an ancient historical town of coastal Karnataka. It was the ancient capital of the Alupa kingdom and a seat of power for several centuries.

“This is a very important idol and hundreds of vehicles pass over it every day. We are rescuing it and I have issued an order to my local in-charge to keep it in safe custody. I have also sent a mail in this regard to the DC and SP of the district,” he said.

The idol is likely to be of 6th or 7th century, though further study is required to confirm a date, Dr. Bajpai said.

Lajja Gauri is a lotus-headed Hindu deity associated with abundance, fertility and sexuality, sometimes euphemistically described as Lajja ("modesty").

Comments

Anna
 - 
Sunday, 9 Feb 2020

there is only one GOD, that is real GOD...

worship the Real GOD not the stone.

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