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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May 5,2020

Bengaluru, May 5: The Karnataka government is planning to maintain a Health database of its citizens in the backdrop of experience gained from the COVID-19 pandemic, Medical Education Minister K Sudhakar said on Tuesday.

In a statement issued here, he said a “Health Register” will be maintained to keep track of all health issues of the people and the project will be implemented first in Chikkaballapur district on an experimental basis.

“COVID-19 has provided enough experience for all of us and therefore, there is a need to maintain health data of each person. The government will be undertaking a survey using a team of Primary Health Centre officials, Revenue officials, Education department staff and Asha Workers,” the Minister said in a release here.

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April 14,2020

Bengaluru, Apr 14: 11 more COVID-19 cases have been reported in Karnataka since 5 pm Monday, informed the state government on Tuesday.

The total number of coronavirus positive cases in the state now stand at 258, including 9 deaths and 65 discharged.

To check the spread of the highly contagious coronavirus, the 21-day lockdown announced last month has been extended by the Centre till May 3.

Meanwhile, India's total number of coronavirus positive cases has climbed to 10,363 including 8,988 active cases, 1,035 cured/discharged/migrated and 339 deaths, the Ministry of Health and Family Welfare said today.

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February 7,2020

Bengaluru, Feb 7: The Bruhat Bengaluru Mahanagara Palike (BBMP) ordered the destruction of a tilted building in the city after evacuating about 150 people from 35 families in the vicinity, an official said on Thursday.

"The top portion of the building has been destroyed 70 per cent today (Thursday). Later, the destruction contractor will allow machines to be used," Bruhat Bengaluru Mahanagara Palike (BBMP) Yelahanka joint commissioner Ashok said.

Located on Vinayaknagar Street in Hebbal's Kempapura, the five-storey building being used as a hostel for boys got tilted on Wednesday morning, spreading panic in the neighbourhood.

Though the tilted building owned by one Rahul, a jeweller, was a sound structure, Ashok said a neighbour, Babu, hired a JCB excavator to dig deep beside the affected structure to build his own structure.

"Babu not only dug very deep but also damaged the foundation pillar of the tilted building, weakening the structure and leading to its slant," said Ashok.

Babu has been booked and arrested even as the police are on the look-out for the JCB owner and operator.

The titled building erected five floors unauthorisedly and falls into the B Khata category. It was constructed without the civic body's plan, said Ashok. 

A Khata and B Khata denote the two types of khatas that exist under BBMP. Khata is a document which shows a property owner having an account with the municipality to pay taxes. An A Khata denotes that the building owner has paid relevant property taxes and that the building conforms to building bylaws and government rules. A B Khata denotes that the building is in violation of government regulations regarding properties in Bengaluru, even when the civic charges for the property have been cleared by the owner.

"As per procedure, we issue notice, but such constructions are rampant in the city. Under the BBMP jurisdiction, there are 15 lakh B Khata structures," said Ashok.

For all B Khata sites, the civic body does not give any plan and there is no proper control on them, he said.

Ashok said the case to regularise the B Khata buildings to A Khata buildings is currently pending in the Supreme Court.

Luckily, no injury or loss of life has been reported from the tilted building.

The civic body arranged alternative accommodation for the affected families, but most of them chose to stay with their relatives, said Ashok.

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