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
April 16,2020

Madikeri, Apr 16: A man from Ketumotte in Virajpet, who was cured of COVID-19 and returned to his home, has again been admitted to the hospital, following a complaint of fever, on Wednesday noon.

The man, who voluntarily got admitted to the hospital, is being treated in the isolation ward of the Covid-19 hospital. His throat swab and blood samples have been sent for testing. The report is likely to be out by Thursday morning.

After getting discharged from the hospital on April 7, he was home quarantined. After a week, he developed fever again. The person has not moved out of his house and the people need not fear, said Deputy Commissioner Annies Kanmani Joy.

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News Network
July 3,2020

Bengaluru, Jul 3: Karnataka on Friday reported its biggest single day spike of 1,694 new COVID-19 cases, taking the taking the total number of infections in the state to 19,710, the Health department said.
The state also recorded 21 fatalities pushing the number of deaths to 293.

The day also saw 471 patients getting discharged after recovery; even as 201 patients in the state were undergoing treatment in ICU. Of the 1,694 fresh cases reported on Friday, a whopping 994 cases were from Bengaluru Urban alone.

As of July 3 evening, cumulatively 1,9710 COVID-19 positive cases have been confirmed in the state, which includes 293 deaths and 8,805 discharges, the Health department said in its bulletin.

It said, out of 10,608 active cases, 10,407 patients are in isolation at designated hospitals and are stable, while 201 are in ICU.

The 21 dead include five from Bengaluru Urban, three each from Chikkaballapura and Kalaburagi, two each from Vijayapura and Shivamogga and one each from Ballari, Hassan, Davangere, Bidar, Raichur and Bengaluru Rural.

Out of 21, fourteen are men between the age 48-87 years, and seven women between 25-75 years.

Those dead include those with the history of Severe Acute Respiratory Infection (SARI), Influenza-like illness (ILI), inter-state and inter-district travel and cardiac patients.

The contact history of at least four dead people is under tracing.

Out of 1,694 positive cases on Friday, contacts of the majority of the cases are still under tracing.

Among the districts where the new cases were reported, Bengaluru Urban accounted for 994, followed by 97 from Ballari

and Dakshina Kannada, Kalaburagi 72, Tumakuru 57, Bengaluru Rural 44, Dharwad 38, Mysuru 35, Mandya 33, Bidar 28, Chamarajanagara 24, Shivamogga 23, Gadag 19, sixteen each from Udupi and Kodagu, Yadgir 14, thirteen each from Hassan and Belagavi, Kolar 11.

Bengaluru Urban district tops the list of positive cases, with a total of 7,173 infections, followed by Kalaburagi (1,560) and Udupi (1,258). Among discharges, Kalaburagi tops the list with 1,143 followed by Udupi (1,093) and Yadgir (855).

A total of 6,71,934 samples have been tested so far, out of which 18,307 were tested on Friday alone.

So far 6,35,582 samples have been reported as negative, and out of them 16,290 were reported negative on Friday.

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News Network
March 28,2020

Thiruvananthapuram, Mar 28: A man from Kerala was among the terrorists affiliated to Islamic State (IS) who allegedly attacked a Gurdwara in Kabul earlier this week in which 27 people were killed.

The IS has claimed that one of the suicide bombers was Abu Khalid al-Hindi.

According to sources, investigation agencies on Friday have identified him as 29-year-old Mohammed Sajid Kuthirummal of Padne in Kasargod. He was among the 14 persons, who left from Kerala to join IS in Nangarhar province of Afghanistan.

"IS had released the name Abu Khalid al-Hindi through its media agency soon after the attack. The photograph of him holding a rifle was also published by IS in their propaganda magazine Al Naba. From that, we have identified the person as Mohammed Sajid Kuthirummal. We are investigating the matter and in touch with the investigating agencies in Afghanistan for tracking his trail," sources told ANI.

The National Investigation Agency (NIA) probe had earlier revealed that Mohammed Sajid was recruited by Abdul Rashid Abdulla of Chandera, who was killed in Afghanistan last year.

Sajid worked as a shop keeper in a gulf country and returned to Kerala. Based on a complaint by Sajid's father Mahamood, the FIR was registered at Chendara Police Station, Kasaragod in 2016 regarding Sajid joining IS and leaving for Afghanistan.

He was among the 14 member team that left from Kerala to join IS in Khorasan Province' in Nangarhar.

ANI had earlier reported that two of these members Ayesha alias Sonia Sebastian and Fathima alias Nimisha who were in IS had expressed their interest in returning to Kerala. Out of 14, seven including Sajid is dead.

Comments

Abdul Gaffar Bolar
 - 
Saturday, 28 Mar 2020

First, investigate truly who is behind this? Then hang all of them. 

 

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