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
January 29,2020

Bengaluru, Jan 29: The Karnataka unit of BJP has urged the Centre and the State governments to ban the Popular Front of India (PFI) and the Social Democratic Party of India (SDPI), accusing them of harbouring terrorist tendencies.

Addressing a press meet, N Ravi Kumar, state general secretary of the party, alleged that there was a nexus between the Congress, the PFI and the SDPI.

“Recent reports have exposed the links between the PFI and the Congress,” he said, accusing Congress leader Kapil Sibal of receiving huge funds from PFI to defend their cases in the Supreme Court.

He also accused the organisations as the ones responsible for the death of 23 Hindu activists in Karnataka. Such incidents have proven that both SDPI and PFI are dubious organisations, he said.

Comments

Muzaffar Ali
 - 
Thursday, 30 Jan 2020

PFI is the first kind of organization which is doing community work in all the walks of life.

and providing the helping hands to all the Indian community doing marvelous job.

this is the first organization fighting against corrupt and injustice following the principle of our father of nation mahatma Gandhi’s.

the corrupt and injustice people in the society not ready to accept their policy and trying to stop the voices of justice to the society.

I wish PFI and its sub organizations will continue to support to the society and keep the good work so that people are with you.

 

 

Fairman
 - 
Wednesday, 29 Jan 2020

Wah what a joke.

RSS is blamming others as terrorists.

 

Constitutionof RSS is a terrorism.  Stupid Hegevar and Savarkar are the heroes of illiterate stupid community.

The whole intelligent community including European Uniion and US openly declared.

 

This is the sure end and downfall of RSS, which will never come-up again. You woke-up of peace lovers.

Thank you.

 

You people are never fit to run even a small village and how come thinking of ruling a big country.

abdullah
 - 
Wednesday, 29 Jan 2020

RSS is the most active and first ever terrorist organisation in India and it should be banned first.    There is no proof of terrorist activities by SDPI and PFI.    BJP is afraid of these organisations as they give tought resistance to BJP and this is the reason why its planning to ban these organisations.    BJP is doing propoganda only.   Real thread for peace + harmoney in India by sanghis.   We should ban them first. 

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News Network
March 10,2020

Mangaluru, Mar 10: Tension prevailed in the city after an international flyer quarantined at the District Wenlock Hospital walked out of the facility.

The passenger, with a recent travel history to high-risk countries, refused to cooperate with health officials. The day-long drama ended when the district administration intervened and the flyer agreed to get himself re-admitted.

Deputy commissioner Sindhu B Rupesh said the passenger had fever and was sent to an isolation ward. “The passenger is cooperating with the treatment and samples have been collected for testing,” she said. The samples will be sent to a testing centre in Bengaluru.

Sources told  that rude behaviour by staff at Mangalore International Airport may have angered the passenger and he walked out of the quarantine facility.

She said if passengers show reluctance to be screened, they should first be counselled and allowed to get themselves admitted to a hospital of their choice with quarantine facility. If they still refuse to cooperate, they will have to be hospitalised forcefully, she added.

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News Network
April 14,2020

Thiruvananthapuram, Apr 14: Amid Covid-19 lockdown,

Keralites celebrated a low key "Vishu" ,the Malayalam new year, on Tuesday, hoping that days of plenty, prosperity and peace will return.

People woke up in the early hours to see the auspicious "Vishu kani", symbolising hope, promise and fine prospects they wish to have in the year ahead.

The ritual comprises arranging on platters auspicious articles like seasonal fruits, vegetables, flower, gold and clothes which together form the first sight when the family members wake up on the Vishu day.

Normally, Keralites dressed in their traditional attire throng temples across the state.

However, this year due to the lockdown restrictions, temple visits were given a go by.

The famed Sri Krishna temple at Guruvayur and the Lord Ayyappa shrine at Sabarimala witnesses heavy rush of devotees during the vishu day.

But pilgrims were not allowed inside and only temple officials and security personnel were present for the"Vishu kani".

Rehaman, a small time trader, said very few people have come out for vishu purchases due to the restricitons.

It is fine as it is for a good cause, while Radha, a young woman said she could not celebrate the festival.

"We have no money, no job. With whatever little we have, we are celebrating the festival", she said.

87-year-old Vilasini Nambiar, a retired college professor, said vishu has visited the state during a most bewildering time.

"It should however remind us that every mountain must have its valley, desert its oasis, every storm cloud its rainbow, every night its day.

We are prepared to believe that we will overcome this misfortune", she said.

President Ram Nath Kovind, Prime Minister, Narendra Modi, Home minister, Amit Shah, Kerala Governor, Arif Mohammed Khan and Chief Minister, Pinarayi Vijayan, were among those who greeted people on the occasion of Vishu.

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