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 17,2020

Bengaluru, Apr 17: Forty-four new cases of coronavirus have been reported in the State till now, said Karnataka's Health Department on Friday.

"44 new COVID-19 cases reported in the State from 5 pm Thursday to 5 pm on Friday. The total number of positive cases in the State is 359 including 13 deaths and 88 discharges," said the Health Department.

Meanwhile, a meeting was convened to review the situation on the rising cases of coronavirus in the State. According to Karnataka Chief Minister's Office (CMO), the meeting was attended by Chief Minister BS Yediyurappa, Home Minister Basavaraja Bommai, Health Minister B Sriramulu, and Deputy Chief Minister Ashwath Narayan.

The CMO said: "Earlier we used to do 500 tests per day. Now we are doing 2,000 tests. The suggestion was made to take care of the people who are in the ICU to prevent death. It was suggested and planned to work out a protocol for the treatment of COVID-19 patients all over the state."

The meeting also stressed the need for plasma treatment. Experts opined that people having influenza-like symptoms like fever, cold, breathlessness, etc., need to get tested for COVID 19.

The CMO said: "Officers were directed to conduct tests of the people with influenza-like symptoms in the districts where nil cases have been reported. ICMR has issued circular to set up two labs in each district and one lab in each medical college. In this direction, efforts are being made to set up 10 more labs in the State by the end of April."

"It was also decided to be prepared for treating an increased number of patients after relaxing in lockdown. It was also decided to issue guidelines to companies that would start working after relaxing lockdown. It was also decided to appeal to people to download Arogya Setu App. We will meet on April 21 again to decide further course of action," added the CMO.

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News Network
April 7,2020

Bengaluru, Apr 7: With reporting of 12 positive cases of COVID-19 since last evening, including three women, the total number of confirmed cases in Karnataka increased to 175, including four deaths.

According to official sources, while three fresh cases of COVID-19 were reported from Bengaluru, two each had been reported from Bagalkot, Kalaburagi and Mandya, followed by one each at Gadag and Bengaluru Rural districts.

After a gap of over three weeks, two more fresh cases had been reported from Kalaburagi, which had reported the first death of the country.

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News Network
May 26,2020

Bengaluru, May 26: The Karnataka high court has rejected bail to a software engineer who was arrested after his sarcastic Facebook post urged people to spread coronavirus by sneezing in public over two months ago.

Mujeeb Mohammed was sacked by Infosys from the post of senior software engineer after his arrest on March 29.

Justice KS Mudagal observed the investigating officer's report and the case diary prima facie show though Mujeeb was well educated and employed, he uploaded messages which are likely to cause disharmony and panic, and are hostile to humanity at a time when the world is facing the pandemic.

The judge noted that the records indicate Mujeeb has six bank accounts, stayed in Bahrain and Kuwait for some years, was influenced by religious fanatics and anti-national ideas and that he had shared a Pakistan WhatsApp number to someone over information about Islam. The National Investigation Agency is probing his links.

Mujeeb, who is in judicial custody now, has been booked under sections 153A, 505, 270 and 109 of IPC.

His counsel submitted the maximum punishment under 153 A of IPC (causing enmity) would be three years and for other offences, it's even less. He also stated the petitioner would abide by the conditions to be imposed by the court.

However, the government pleader said probe provided leads on the petitioner's links with unorganised terrorist groups and it has to be investigated further.

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