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
March 15,2020

Bengaluru, Mar 15: Amid growing coronavirus cases, the Karnataka government on Sunday postponed examinations of class 7, 8 and 9 till March 31, 2020.

The revised dates for examinations will be announced after reviewing the situation. The directive was issued by state education minister S Suresh Kumar on Sunday morning.

On Friday, the government had shut all educational institutions, malls, and clubs for a week.

Chief Minister BS Yediyurappa had said no one should travel unless it is an emergency.

"All malls, cinema halls, pubs, wedding ceremonies and other large gatherings in the Karnataka have been banned for another one week," Chief Minister Yediyurappa had said.

Notably, the number of coronavirus cases in the country has risen to 93, informed the Union Ministry of Health and Family Welfare today.

So far, two deaths due to the COVID-19 have been reported in the country. In the wake of spurt in cases of coronavirus across the country, the Central Government on Saturday decided to treat the deadly virus as a "notified disaster".

Coronavirus, which originated in China's Wuhan city in December last year, has so far spread to more than 100 countries, infecting over 1,30,000 people. The World Health Organisation (WHO) has declared coronavirus a pandemic.

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coastaldigest.com news network
April 22,2020

Newsroom, Apr 22: Dozens of Tablighi Jamaat members from across the country who have been successfully recovered and have now tested negative for the novel coronavirus have come forward and donate their plasma for the treatment of Covid-19 patients.

The Tablighis from Tamil Nadu were the first to take this decision. According to them, apart from helping the critically ill patients to recover from COVID-19, was to counter the ‘baseless accusations’ that Tablighis were responsible for the spread of the virus following the religious congregation of the sect held at Delhi’s Nizamuddin area last month.

Mohammad Abbas, a thirty-eight year old businessman from Tiruppur was on Sunday discharged from Coimbatore’s ESI hospital. “As soon as I got discharged, I met the district administration officials and the dean of the hospital and told them that they may contact me anytime if they needed me to donate my plasma,” Abbas was quoted as saying by an English daily.

“It has only been one day since I was discharged but I’ve already spoken to others (from the Jamaat) who have recovered and they were all ready to donate,” he added. 

Leader's call

Maulana Saad Kandhalvi, a prominent leader of Tablighi Jamaat, who has been booked by the Delhi Police for holding a religious congregation, too has appealed to coronavirus survivors to donate blood plasma for infected people.

In a letter issued on Tuesday, Saad said most of the members who were quarantined did not have any infection and they tested negative for COVID-19.

"Even from amongst the ones who tested positive for the disease, a majority of them have now undergone treatment and are now cured while I and a few others are still under quarantine.

"It is required that such people who are now cured of this disease should donate blood plasma to others who are still fighting the disease and are under treatment," he said.

He also has urged the followers of the organisation to pray at home in the month of Ramadan instead of going to mosques. 

Plasma therapy

Convalescent Plasma Therapy is an experimental procedure for COVID-19 patients.

In this therapy, the antibodies of a person who has recovered from the virus are taken and transfused into a sick person (having the virus) to help boost the person’s immune system.

The recovered COVID-19 patient’s blood develops antibodies to battle against COVID-19.

Once the blood of the first patient is infused to the second patient, those antibodies will start fighting against the coronavirus in the second person.

The process for donating plasma is similar to donating blood and takes about an hour.

Several countries around the world including the United Kingdom and the United States have also started plasma therapy trials.

In India, several states like Kerala, Gujarat and Punjab have already started using Plasma Therapy for the corona-infected patients.

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coastaldigest.com news network
May 9,2020

Dubai, May 9: A flight scheduled to bring back Kannadigas, especially Mangalureans stranded in Dubai on May 14 has been rescheduled to May 12.

The flight will take off from Dubai at 4.10 pm UAE time and reach Mangaluru International Airport at 9.10 pm IST on May 12, announced Union Minister DV Sadananda Gowda in a tweet.

The flight was earlier scheduled for May 12 and then it was postponed to May 14. Now, it has been rescheduled to May 12.

It is said that constant persuasion from NRIs in UAE led to advance the paid evacuation drive.

In fact, Karnataka was missing in the list of states to receive special flights when Ministry of External Affairs arranged them to bring stranded Indians at UAE. Special flights were arranged only to Kerala and Tamil Nadu people stranded at UAE in the first stage.

Thanks to Karnataka NRI Forum of UAE which opened helpline to seek assistance to Kannadigas, nearly 2000 Kannadigas have registered for assistance in which 127 pregnant women, 27 senior citizens, 700 people who have lost jobs aftermath of coronavirus sought assistance from NRI forum.

In the first flight, priority will be given to people with medical emergency and pregnant women. Once the passengers reach Mangaluru, they will be quarantined in their home districts.

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