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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January 17,2020

Mangaluru, Jan 17: A poultry truck transporting chickens overturned on Friday at Perne village near Uppinangady on Mangaluru-Bengaluru National Highway, killing 200 of them.

Police said that the truck was headed towards Mangaluru from Uppinangady when the truck driver lost control of the vehicle causing it to topple. As many as 200 chickens were killed in the mishap.

Another vehicle was later used to transport the remaining chickens.

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News Network
January 24,2020

Bengaluru, Jan 24: After Honnalli legislator MP Renukacharya, Ballari City MLA Somashekara Reddy and deputy chief minister Govind Karjol, it appeared the turn of revenue minister R Ashoka to show the BJP in poor light with controversial and provocative comments against a minority community. This, despite a gag order issued by state BJP president Nalin Kumar Kateel.

Responding to questions on the Mangaluru International Airport bomb scare incident and how the main accused would have been treated had he been a Muslim, Ashoka on Thursday said "all anti-nationals must be shot dead". Meanwhile, Renukacharya, also a political secretary to chief minister BS Yediyurappa, continued his tirade against Muslims, insisting the government will not extend any "special package" to the community.

Soon after garlanding the statue of Netaji Subhas Chandra Bose on the birth anniversary of the freedom fighter, at Vidhana Soudha on Thursday, Ashoka said: "All those who are singing the tune of Pakistan and indulging in anti-national activities, be they Hindu, Christian or Muslim, must be shot dead."

Asked to respond to former chief minister HD Kumaraswamy’s accusation that the entire Mangaluru bomb incident was stage-managed by the BJP government to divert attention, Ashoka said the JD(S) functionary "must measure his words" and not speak "like a film director who can project the police as villainous all the time".

"Kumaraswamy is a former CM. When in power, police were his closest friends, but now that he is not in government, the same police are villains," Ashoka said.

The minister reiterated the government’s stand — first floated by home minister Basavaraj Bommai —

that Aditya Rao, the main accused in the Mangaluru bomb incident, is "mentally unstable" and needs to be medically examined.

Renukacharya, meanwhile, justified comments made on Wednesday that the government will not offer Muslims "a special package".

"When they [Muslims] need development funds, they come to us and seek special packages. Once they get funds, they then vote for Congress or JD(S) in elections," Renukacharya said on Thursday. "We do not need people with such double standards. I will apply pressure on all ministers in the cabinet and even the chief minister to ensure they do not allocate any special package for the community."

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June 2,2020

Mangaluru, Jun 2: Even as the mosques in Karnataka recieved green signal from state government to reopen for congregational prayers from June 8, a senior Islamic scholar in coastal Karnataka has encouraged Muslims to prefer to offer prayers at homes during covid times. 

Twaqa Ahmed Al-Azhari, the Qadhi of Mangaluru, has welcomed the state government's decision to allow Muslims to offer congregational prayers including Jum'a prayers with certain precautions and conditions.

"Government has upheld our religions sentiments. All the mosques where congregational prayers will be held from June 8 should strictly follow all the guidelines issued by the government," he said. 

He also suggested that if any mosque is not in a position to follow all the guidelines issued by the government then it should refrain from holding congregational prayers. "Muslims can continue offer Fard and Jumá prayers at homes as the cornavirus pandemic is still spreading in the region and across the world," he said.

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