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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coastaldigest.com news network
June 15,2020

Bengaluru, Jun 15: A total of over 4,000 COVID patients have been discharged in Karnataka so far, as the state on Monday reported 213 new cases of coronavirus and two related fatalities, taking the total number of infections to 7,213 and the death toll to 88.

On Monday alone 180 patients were discharged in the state after recovery. As of June 15 evening, cumulatively 7,213 COVID-19 positive cases have been confirmed in the state, which includes 88 deaths and 4,135 discharges, the health department said in its bulletin.

Out of the 2,987 active cases, 2,931 patients are in isolation at designated hospitals and are stable, while 56 are in Intensive Care Units. Among the two deaths were a 65-year-old man from Dharwad, who was the contact of another patient already tested positive.

He was admitted on June 14 at a designated hospital and died the same day. The other was a 75-year-old woman from Bengaluru, diagnosed with ILI (Influenza Like Illness) A known case of Diabetes mellitus and Hypertension , she was admitted on June 13 at a designated hospital and died on June 15.

Out of 213 new cases 103 are returnees from other states, a majority of them from neighbouring Maharashtra, while 23 are those who returned from other countries.

Among the districts where the new cases were reported, Kalaburagi accounted for 48, followed by Bengaluru urban 35, Dharwad 34, Dakshina Kannada 23, Raichur 18, Yadgir 13, Bidar 11, Ballari 10, Koppal 4, three each from Vijayapura, Bagalkote and Shivamogga, two each from Udupi, Haveri and Ramanagara, and one each from Hassan and Davangere.

Udupi district tops the list of positive cases with a total of 1,028 infections, followed by Kalaburagi 944 and Yadgir 822.

Among discharges also Udupi is on top with total of 736 discharges, followed by Kalaburagi 459 and Bengaluru urban 329. A total of 4,49,331 samples have been tested so far, out of which 5,362 were tested on Monday alone.

So far 4,32,346 samples have been reported as negative, out of which 4,738 reported negative today, the bulletin said.

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News Network
January 2,2020

Bengaluru, Jan 2: The Congress leadership in Delhi is expected to start the process of selecting a new party chief for Karnataka next week. There are strong indications the race has narrowed to DK Shivakumar and MB Patil.

Party insiders said the leadership almost finalised Shivakumar’s name as the president of Karnataka Pradesh Congress Committee (KPCC), but the decision was put on hold after requests by some senior members.

“It’s not that we are against Shivakumar. We think the party should have a Lingayat at the helm since community strongman and chief minister BS Yediyurappa is at the fag end of his long political career. There’s an opportunity here for a Congressman to occupy that space,” said a senior Congress politician, who didn’t want to be named.

That’s where the candidacy of Patil, a Lingayat, scores high.

The party, however, doesn’t want to compromise on quality and wants an efficient KPCC president who can unite two rival factions within the party, one led by Siddaramaiah and another by former union minister KH Muniyappa.

The need to pick a new state president arose after Dinesh Gundurao resigned from the post last month, taking moral responsibility for Congress’s poor showing in the byelections. Siddaramaiah also stood down as Congress party legislature leader.

The insiders said the new KPCC chief could be announced after January 16. The party might also appoint two working presidents and a new legislature party leader, who will automatically become the opposition’s voice in the assembly.

For the latter position, the name of senior Dalit politician and former deputy chief minister G Parameshwara is doing the rounds. But the party, the sources said, could still ask Siddaramaiah to reconsider his decision and stay on.

Many Congress members had raised questions over his stewardship after the bypoll disappointment. They said on his watch, the party had also fared badly in the assembly and Lok Sabha elections, demanding that he be held accountable.

Siddaramaiah is expected to visit Delhi next week to discuss the leadership issue with party boss Sonia Gandhi. Some other senior Congress members, including BK Hariprasad, are also likely to meet her.

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coastaldigest.com news network
January 8,2020

Mangaluru, Jan 8: No bandh-like situation prevailed in the coastal district of Dakshina Kannada, despite a nationwide strike called by trade union employees. Day-to-day activities are not disturbed, as buses and auto-rickshaws are moving as usual. 

However, in Bunder area, one of the business hubs of Mangaluru city, most of the shops today remained shut. As a result business was partially hit in the coastal city.

In other parts of Mangaluru city business firms, and market places are also open. Schools and colleges have not declared a holiday. government offices are also functioning as usually.

However, branches of many banks, excluding SBI, are closed for customers.

Members of various trade unions took out a rally and staged a protest in front of the Town Hall in Mangaluru.

Along with minimum wages, cancellation of contract labour system, no privatisation, welfare of farmers and other demands were also highlighted by the protestors. 

Slogans were also raised against Prime Minister Narendra Modi and anti-labour policies of his government. 

Members of AITUC, TUCC, AIUTUC, AIDYO, AIBEA, BSNLEU, INTUC, AIIEA, and associations of Anganwadi workers, mid-day meal workers, medical representatives, KSRTC employees, gram panchayat employees, and others took part in the protest.

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