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
June 9,2020

Thiruvananthapuram, Jun 9: Malls, restaurants and places of worship opened in Kerala on Tuesday morning after over two-and half months of Coronavirus induced lockdown. There were very few visitors in the malls and restaurants in the early hours and people preferred takeaways in eateries.

Various temples, including the famous Lord Krishna temple at Guruvayoor, a few churches and mosques opened in the state for the devotees. The Guruvayur shrine opened at 9.30 am and around 150 people, who had booked through virtual queue system, offered prayers.

Devotees wearing masks were seen standing adhering to the social distance norm. A faithful at the guruvayur temple said he had booked for darshan on Sunday and was happy to be offering worship after a long gap. "This is a realisation of a dream", he said.

In the state capital while the famed Lord Padmanabha swamy, Pazhavanangadi Ganapathy and Attukal Bhagavathy temples remained shut, the SreekanteshwaraShiva shrine and Lord Hanuman temple near the state assembly were among those which opened for darshan. The names, age and other details of the worshippers are also being collected by the temple authorities before letting people in. Another devotee said it was very painful not to go to the temple and expressed happiness over reopening of the shrines.

The virtual queue booking for devotees to offer worship at the hill shrine of Lord Ayyappa temple at Sabarimala would commence from Wednesday. Devotees from other states have to produce a Covid-19 negative certificate while booking,sources in the Travancore Devaswom Board (TDB), administers the temple, said.

The Ayyappa shrine would open from June 14 to 28 for the five day monthly pooja and temple festival and only 10 people would be allowed inside the shrine at a time, sources said.

Most of the over 1,200 temples under the TDB, have opened while those under the Nair Service Society (NSS), an organisation of the Nair community and few other shrines were shut. The state government, which had come under attack from the BJP and Hindu Aikya vedi for opening the temples in a "hasty manner" has maintained that the decision was taken in line with the Centre's Unlock-1 guidelines and said those opposing the move had earlier wanted devotees to be allowed into the shrines.

As per the centre's Standard Operating Procedures, social distancing should be followed in all the places of worship and devotees should wear face mask are among other precautions in view of the COVID-19 pandemic.

Those above 65 and children below 10 years would not be allowed in places of worship, distribution of food, refreshments and offertory blessings (prasadams), sandalwood paste or ashes should be avoided. Thermal scanners to check body temperatures, sanitiisers, arrangements for washing hands, were all provided in the temples and other places of worship which opened this morning, In churches in the state capital, Kochi and Kozhikode, allowedthe faithful inside after disinfecting the place.

The orthodox church synod is being held on Tuesday which will take a decision on whether or not to open their places of worship. Few mosques were also open in some places.

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News Network
January 5,2020

Bengaluru, Jan 5: BJP leader and Karnataka Chief Minister BS Yediyurappa once again blamed the Congress of creating 'confusion' among the Muslim community over the Citizenship (Amendment) Act-2019 while launching a door to door campaign to dispel such rumors.

Yediyurappa was on a door-to-door campaign to make people aware of the Citizenship (Amendment) Act and to allay their fears.

"Unnecessarily, the members of Congress are creating confusion among the Muslim community. I assure you that not a single Muslim will be affected because of CAA," said B. S. Yediyurappa.

"Almost all previous Prime Ministers have supported it, now Congress is creating a problem so as to create confusion among Muslims. That's why we are out on the door-to-door campaign," he said.

The Citizenship Amendment Act, 2019, seeks to grant Indian citizenship to Hindu, Christian, Sikh, Buddhist and Parsi refugees from Pakistan, Afghanistan, and Bangladesh and who entered India on or before December 31, 2014.

Comments

Active
 - 
Sunday, 5 Jan 2020

 

U may confuse people with such statements but WE MUSLIMS, DALITS and some of our other HINDU Brothers are not in any Confusion on the chronology of NPR, CAA and NCR..  WE are firm that we will never allow you to go ahead with these discriminatining laws

 People are NOT FOOLS to believe all your JUMLAS

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News Network
January 20,2020

Mangaluru, Jan 20: The improvised explosive device (IED) recovered from a bag at Mangaluru airport was defused in an open field by the personnel of the bomb disposal squad on Monday. 

A short while ago, the Commissioner of Police in Mangaluru, PS Harsha, narrated the incident, along with the action taken by the security personnel.

"Today at approx 9 am a suspect dropped the baggage, containing plausible explosive substances, at the Mangaluru airport. It was spotted by the security personnel and then the bomb detection and disposal team was pressed into action," Harsha told reporters here.

"The area was cordoned off and then the suspected object was taken in a threat containment vehicle to a spot for defusing the explosive device. The local police have registered an FIR in this connection based on the complaints of CISF," he added.

The Commissioner said that three teams have been formed for "identification and apprehension of the accused."
He further said that the visuals of the suspect have been shared for his identification, and urged citizens of Mangaluru and around the nation to come forward and inform the police if they have any knowledge of the accused.

"Our teams have made some breakthrough and established few preliminary facts and I am assured we will be able to trace out the execution plan of the act of sabotage," he added.

Also Read: Security beefed up at airports across country after suspicious bag found at Mangaluru airport

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bond
 - 
Tuesday, 21 Jan 2020

deepvali rocket new model lunch in kenjar  airport 

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