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
July 4,2020

Bengaluru, Jul 4: A young woman doctor at the Kempegowda Institute of Medical Sciences, Bengaluru, who had raised an alarm about faulty PPE kits and shortage of N95 masks, has tested positive for the covid-19.

Taking note of this, Mysuru-Kodagu MP Pratap Simha brought the issue to the attention on Medical Education Minister Dr K Sudhakar on Twitter. Tagging the minister, the MP tweeted, “For your information and I feel, it is a genuine concern.” “Amulya Gowda treated Covid patients at KIMS.

Karnataka Medical Association took to social media to express concern over the development. In a Facebook post it wrote: "Amulya C Gowda is a frontline worker who risks her life every single day. Last week she raised an alarm about faulty PPE kits and shortage of N-95 masks. But the Administrative Medical Officer (AMO) at KIMS, shunned and chastised her for raising this issue. Ever since, she has been buying her own N-95 masks. Today, she tested positive for Covid-19 and appealed to the Hospital authorities and raised her genuine concerns over the faulty protective gear, but she was again harassed and humiliated for raising the issue."

Dr DH Ashwath Narayana, Medical Superintendent, KIMS Hospital, said that all PPE kits at KIMS were certified by SITRA (South India Textiles Research Association), Coimbatore and that they had purchased N-95 masks available in the market. "One cannot claim faulty PPEs are the reason for testing positive. We have purchased whatever PPE kits are available in the market. Healthcare workers across hospitals, private and government, and policemen are also getting infected."

As the new rules by the state government allow healthcare workers home isolation, Narayana said the doctor is recuperating at home and that she is doing fine.

Medical education minister Dr K Sudhakar tweeted, "Doctors are our frontline warriors battling the pandemic. Government has taken all necessary measures to ensure safety of our doctors. I have taken note of supply of defective masks and PPE kits to KIMS doctors and ordered an enquiry. Management will be held responsible if found guilty."

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Agencies
May 8,2020

Washington D.C., May 8: The prime time for brain development in a child's life is the first year, where the infant spends most of the time asleep. It is the time when neural connections form and sensory memories are encoded.

However, when sleep is disrupted, as occurs more often among children with autism, brain development may be affected, too.

New research led by the University of Washington finds that sleep problems in a baby's first 12 months may not only precede an autism diagnosis but also may be associated with altered growth trajectory in a key part of the brain, the hippocampus.

The study, which was published in the American Journal of Psychiatry, researchers report that in a sample of more than 400 taken of 6- to 12-month-old infants, those who were later diagnosed with autism were more likely to have had difficulty falling asleep.

It also states that this sleep difficulty was associated with altered growth trajectories in the hippocampus.

"The hippocampus is critical for learning and memory, and changes in the size of the hippocampus have been associated with poor sleep in adults and older children.

As many as 80 per cent of the children with autism spectrum disorder have sleep problems," said Annette Estes, director of the UW Autism Center and senior author of the study.

"In our clinical experience, parents have a lot of concerns about their children's sleep, and in our work on early autism intervention, we observed that sleep problems were holding children and families back," added Estes, who is also a UW professor of speech and hearing sciences.

"It could be that altered sleep is part-and-parcel of autism for some children. One clue is that behavioural interventions to improve sleep don't work for all children with autism, even when their parents are doing everything just right. This suggests that there may be a biological component to sleep problems for some children with autism," said Estes.

To consider links among sleep, brain development, and autism, researchers at the IBIS Network looked at MRI scans of 432 infants, surveyed parents about sleep patterns, and measured cognitive functioning using a standardized assessment.

At the outset of the study, infants were classified according to their risk for developing autism: Those who were at higher risk of developing autism -- about two-thirds of the study sample -- had an older sibling who had already been diagnosed.

Infant siblings of children with autism have a 20 per cent chance of developing autism spectrum disorder -- a much higher risk than children in the general population.

In the current study, 127 of the 432 infants were identified as "low risk" at the time the MRI scans were taken because they had no family history of autism.

They later evaluated all the participants at 24 months of age to determine whether they had developed autism. Of the roughly 300 children originally considered "high familial risk," 71 were diagnosed with autism spectrum disorder at that age.

Problems with sleep were more common among the infants later diagnosed with an autism spectrum disorder, as were larger hippocampi. No other subcortical brain structures were affected, including the amygdala, which is responsible for certain emotions and aspects of memory, or the thalamus, a signal transmitter from the spinal cord to the cerebral cortex.

The authors note that while parents reported more sleep difficulties among infants who developed autism compared to those who did not, the differences were very subtle and only observed when looking at group averages across hundreds of infants.

Sleep patterns in the first years of life change rapidly as infants transition from sleeping around the clock to a more adult-like sleep/wake cycle. Until further research is completed, Estes said, it is not possible to interpret challenges with sleep as an early sign of increased risk for autism.

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News Network
April 23,2020

Mangaluru, Apr 23: An astronomical phenomenon, ‘Zero Shadow Day', will be observed in Mangaluru on April 24 and in Udupi on April 25. 

According to a press release from Poornaprajna Amateur Astronomers’ Club, the wonder will commence and people will see their shadows disappear for a few moments at 12:28 pm.

The phenomenon is called as Zero Shadow Day. If a person takes a candle in a dark room and use it to create a shadow of one’s palm on the wall, the hand will cast shadow on the wall as one moves the hand. But when one places the palm on the wall, there will be no shadow.

In the phenomenon, the sun at these times shines exactly above the heads on these days. In astronomy, this point is called as Zenith. The point in the sky directly above an observer at any given location. So it is quite clear now that on Zero Shadow Day, the sun passes through the Zenith as a result of which, all objects will have minimal or no shadow if they are on the ground.

The reason for this happens on some specific days is concerned with astronomy. The earth spins around on its own axis and causes days and nights. It also revolves around the sun causing a year. But the seasons are caused because the axis is tilted at an angle of 23.5 degrees. It is because of this tilt that the sun rises every day in the east gradually moving towards the north till June 21st and then slowly proceeding towards the south till December 21st every year. “We call these days solstice. This means the sun shines between the Tropic of Cancer and Tropic of Capricorn every day passing by the equator on the days we call equinox,” the release stated.

As the earth moves around the sun and revolves on its own axis, for all the people between Tropic of Cancer and Tropic of Capricorn, the Sun at noon moves father and closer to the zenith passing through zenith twice causing two Zero Shadow Days per year. People at Mangaluru will observe this on April 24 and August 18 every year and People in Udupi will observe this on April 25 and August 17 every year.

Places with same latitudes will observe the same days of Zero Shadow but the time would vary with longitude. For example, people of Bengaluru as they share the latitude with Mangaluru will also observe it on April 24. While the people of Mangaluru will observe their shadows disappear at 12.28pm, people of Bengaluru will observe this at 12:17pm. Places like Moodabidri, Bantwal, Sakleshpur and Hassan will also observe Zero Shadow on April 24.

Places like Brahmavar, Karkala, Sringeri, Kudremukha, Chikkamagaluru will observe the Zero Shadow Day on the same day as Udupi on April 25.

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