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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June 23,2020

Bengaluru, Jun 23: In an attempt to avoid exploitation of patients affected with coronavirus, the Karnataka government on Tuesday announced fixing charges that could be collected from patients by the private hospitals for treatment in the State.

There are now two sets of rates for patients--those who are referred by public health facilities and those who approach private hospitals directly.

According to the notification issued by State Chief Secretary TM Vijay Bhaskar on Tuesday, 50 per cent of the total beds in private hospitals having facilities to treat Covid-19 patients shall be reserved for the treatment of patients referred by public health authorities.

This will include the high-dependency unit and ICU (intensive care unit) beds both with and without ventilators. The hospitals may utilise the remaining Covid beds for admitting Covid-19 patients privately.

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News Network
February 13,2020

Bengaluru, Feb 13: 'Karnataka Bandh' call given by various Kannada organisation demanding implementation of Sarojini Mahashi report for ensuring job reservation to local people (Kannadigas) in the Private and government organisation, including industries, evoked mixed response in the State on Thursday.

The Bandh call was given by the “Karnataka Sanghatanegala Okkoota”, comprising a few factions of “Karnataka Rakshana Vedike” (KRV) and was backed by Ola-Uber Cab Drivers’ Association, a few auto unions, farmers’ associations, street vendors association, trade unions and transporters’ associations.

Meanwhile, Airport Taxi Services also supported the Bandh which forced flight passengers to find it difficult in finding the transport for reaching their destination in time. Fortunately, BMTC bus services at Kempegowda International Airport (KIA) was available at the Airport.

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March 6,2020

New Delhi, Mar 6: The Supreme Court on Friday refused to entertain a plea seeking framing of a proper mechanism to deal with alleged misuse of the sedition law by the government machinery. A bench headed by Justice A M Khanwilkar dismissed the plea filed by a social activist and said it was open for the petitioner to approach the appropriate authority.

At the outset, the apex court told advocate Utsav Singh Bains, appearing for the petitioner, that he could not seek quashing of an FIR in a sedition case filed against the management of a Karnataka school for allegedly allowing students to stage an anti-CAA and anti-NRC drama.

Bains told the bench that he was not just pressing for a prayer to quash the FIR but the petitioner has also sought a direction for framing of a proper mechanism to deal with the alleged misuse of the sedition law.

"Let the affected party come and we will hear them. Why it should be done at your instance," the bench said, refusing to entertain the petition.

The petition had sought quashing of the FIR against the principal and other staff of the Shaheen School at Bidar who have been booked under sections 124A (sedition) and 153A (promoting enmity between different groups) of the Indian Penal Code.

The plea had also sought an apex court direction for a proper mechanism to deal with alleged government misuse of the sedition law.

Section 124A of the IPC says that "whoever brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards... the Government shall be punished with imprisonment for life...".

The plea had sought a direction to the Centre and the Karnataka government "to quash the FIR registered in connection of seditious charges against the school management, teacher and a widowed parent of a student for staging a play criticising CAA, NRC and NPR."

The petition had claimed that the police "also questioned students, and videos and screenshots of CCTV footage showing them speaking to the students were shared widely on social media, prompting criticism."

The drama was staged on January 21 by students of the fourth, the fifth and the sixth standard.

The sedition case was filed based on a complaint by social worker Neelesh Rakshyal on 26 January.

The complainant alleged that the school authorities "used" the students to perform a drama where they "abused" Modi in the context of the Citizenship (Amendment) Act and the National Register of Citizens.

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