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
March 26,2020

New Delhi, Mar 26: While the humans are on lockdown and spending time with their families, animals are free and without any fear roaming around on the otherwise busy roads. From Malabar civets to large Indian bisons, animals are enjoying this time.

Indian Forest Officer Susanta Nanda recently shared a video with the caption, "Indian bison( the gaur) goes for a street walk. The largest extant Bovine, is native to South and Southeast Asia. It can be very aggressive. Rare to see in markets."

The 8-second video shows the large animal freely walking in the market area of Chikmagalur district, Karnataka, while the few onlookers on the road get aside and watch the Bison with utmost amazement.

The videos of animals having a gala time on the roads have become common. After the video was posted online, it became a hit. The clip garnered over 3.1k views and over 100 retweets.

Twitter is amazed at the video. Have a look at the comments.

One user wrote, "Oh! We should vacate this place for them. Guess humans have stayed for too long."

Another Twitter user wrote, "That’s one thing people would follow social distancing with!"

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News Network
April 21,2020

Bengaluru, Apr 21: The group who had attacked police and healthcare workers at the minority-dominated Padarayanapura in the city on Sunday night had raised slogans ''kill police'' when the team went to quarantine some people, the police alleged in an FIR.

Around 100 to 120 people rushed out onto the road targeting the police and health workers who wanted to pick up primary and secondary contacts of coronavirus patients.

Cases have been registered against the miscreants based on the complaint of police officers.

In one of the FIRs, police sub-inspector Raman Gowda complained that when he went to quarantine 43 people with the healthcare officers, around 120 people rushed out and attacked them.

"The group of people holding sticks and stones rushed from Arafat Nagar," Mr Gowda said.

When he was trying to stop them from destroying a CCTV camera, the mob attacked him shouting slogans ''Kill the police. Don't spare them," he alleged in the FIR.

"They wanted to kill us with stones and sticks and some of our staff sustained injuries," the officer said.

According to police, 59 people have been arrested including A woman who had allegedly masterminded the attack.

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News Network
May 24,2020

Bengaluru, May 24: A couple got married in Bengaluru today, even as Karnataka government has announced a complete lockdown on Sundays, as part of the fourth phase of COVID-19 shutdown till the end of this month.

The marriage ceremony on this Sunday was possible thanks to a clarification given by the state government for marriages, which has been already scheduled for May 24 and May 31 to be exempted from the Sunday complete lockdown.

At today's wedding, the rituals were performed with compliance of all guidelines including ensuring social distancing and capping the number of guests at 50.

Satish, the groom said, "Government has allowed weddings with up to 50 people in attendance but we decided to invite only 25 people to the ceremony".

Meanwhile, in the Honnali Honnali area of Davanagere, BJP MLA MP Renukacharya distributed masks to three newly-wed couples.

As per an earlier advisory issued by the State government more than 50 guests, no air conditioning, and the consumption of liquor and paan are among the guidelines to be followed for holding weddings in the state. Also, people aged above 65 and below 10 as well as pregnant women have been barred from participating in the event.

According to the advisory, sanitisers should be provided at the entry and other appropriate places at the venue. Also, thermal screening of all persons shall be conducted at the entry of the venue. The scanner should be held 3-15 cms away from a person's forehead.

Apart from this, the venue shall be "clean and hygienic," and a "nodal person shall be identified for overseeing the arrangements and coordination at the venue." Also, a list of attendees with contact details has to be maintained and all guests should have downloaded Aarogya Setu app.

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