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
May 22,2020

Bengaluru, May 22: Karnataka Congress delegation met Chief Election Commissioner, Dr B Basavaraju in Bengaluru, urging him to guide Karnataka Government to conduct local body elections and not to allow State government to nominate their party men to the local bodies.

The delegation was led by Congress leader Siddaramaiah and Karnataka Pradesh Congress Committee (KPCC) president D K Shivakumar.

"They (State government) wants to postpone the election, they have a lot of other provisions. We are demanding to protect the law, the government doesn't have the power to interfere in the system. We will not allow the state government to nominate their party men.

The CM and his entire team is responsible for this, they are killing the democracy and Panchayati Raj system of the State," said Shivakumar while speaking to the reporters.

The local body elections were scheduled to take place in the month of March or April, which were postponed in view of the COVID-19 crisis.

However, the date for conducting the local body elections has not been decided yet.

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coastaldigest.com news network
February 3,2020

Mangaluru, Feb 3: After neighbouring reported the second confirmed case of dreaded Coronavirus, the government of Karnataka today ordered high alert across border districts including Dakshina Kannada.

Apart from Dakshina Kannada, district administrations in Kodagu, Chamarajanagar and Mysuru that share boundary with Kerala have been put on high alert over the movement of people with suspected cases.

In a statement released on Monday, the Health and Family welfare department said that these districts have been directed to immediately report to the State Surveillance Unit (SSU) if they come across any suspected cases of people infected with Coronavirus.

Currently, about 51 people who returned from Coronavirus-affected regions have been identified and 46 are under home isolation across Karnataka.

So far, 44 samples have been sent to the National Institute of Virology, Pune for analysis and out of which 29 samples have revealed negative results. Yet, the state government has put in all possible measures to check the spread of the virus in any part of the state.

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Media Release
March 12,2020

Manipal, Mar 12: Team WGSHA is proud to announce that the culinary museum in WGSHA has been listed in Limca Book of Records as India's First Living Culinary Arts Museum.

Limca Book of Records (LBR) is a catalogue of achievements made by Indians, at home and abroad in diverse fields of human endeavour. LBR is a celebration of exemplary exploits and recognizes accomplishments such as firsts, inventions, discoveries, honours, awards and the truly extraordinary.

Chef Thirugnanasambantham, Principal of WGSHA, while thanking MAHE and ITC Leadership for extending all support towards instituting this museum in Manipal and WGSHA, also appreciated and thanked all those who have directly or indirectly helped towards setting up this museum in Manipal.

"The process for WGSHA's culinary museum to make an entry into the popular Limca Book of Records started almost six months back and after validation by LBR recently, has been listed in the book of records. We are glad that we could be the first of its kind in such endeavour and we also hope to be in Guinness World Records soon", said Chef Thiru.

"We are indeed grateful to Michelin-starred Indian celebrity Chef Vikas Khanna, the founder and curator of this museum, who had this idea of establishing a culinary museum and donated thousands of kitchen tools and equipment worth millions of dollars to this museum for preserving the history of India's rich tradition of culinary arts and to educate the future generations. Chef Vikas Khanna, 'Distinguished Alumnus' of WGSHA, being very desirous of making such a museum in India, what better place it would be than in his own Alma Mater!", he said on the background of having the museum.

Chef Thiru mentioned that Udupi, popular for the famous 'Udupi Cuisine', and being a temple town, is adjacent to International University Town of Manipal Academy of Higher Education (MAHE).

MAHE is home to thousands of international students and visitors. With a great heritage of Udupi, combined with the large number of Indian and International students residing in and around Manipal, it was very apt for the college to create a museum for today's Indian youth and the International visitors to understand the rich culinary heritage of India, through the priceless kitchen tools and equipment donated by Chef Vikas Khanna.

"Has placed WGSHA in the global culinary map and we are proud to have joined all such efforts to preserve the history of cuisines and cultures across the world", said Chef Thiru.

The culinary art academic block housing the museum was opened in April 2018, spread approximately over 25,000 sq ft and is shaped in the form of a giant pot very similar to the ones found in Harappa.

There are historical as well as regular household items such as plates made by the Portuguese in India, a 100-year-old ladle used to dole out food at temples and bowls dating to the Harappan era, an old seed sprinkler, an ancient Kashmiri tea brewer known as 'samovar', vessels from the Konkan, Udupi and Chettinad regions, apart from a large collection of rolling pins, utensils of all shapes and sizes, tea strainers of different types etc.

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