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 23,2020

Apr 23: An FIR has been registered in Nagpur against Republic TV channel's editor Arnab Goswami for promoting social disharmony and accusing Congress President Sonia Gandhi of orchestrating the Palghar lynching.

Three Mumbai residents, including two sadhus, who were on their way to Silvassa on April 16, were lynched by a mob in Gadakchinchale village of Palghar district on the suspicion that they were thieves. Nagpur Police Commissioner B K Upadhyaya said they received a complaint which was turned into an FIR at Sadar police station.

DCP Vinita Sahu said Goswami has been booked under sections 117 (abetting commission of offence by the public or by more than 10 persons), 120 (B) (criminal conspiracy), 153 (A) (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language and doing acts prejudicial to maintenance of harmony), 153 (B) (imputations, assertions prejudicial to national-integration), 295 (A) (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs), 290-A (public nuisance in cases not otherwise provided for), 500 (defamation), 504 (intentional insult with intent to provoke breach of the peace), and 506 (criminal intimidation) of the ipc. Another FIR was filed against him in Raipur, Chhattisgarh.

In a statement condemning Goswami, Maharashtra Congress said the killing has been wrongly given a communal angle despite ample proof of the contrary. "At a time when country is fighting against coronavirus pandemic, it is very unfortunate that a section of media as well as politicians are trying to create social unrest... [and] spread racial and religious hatred in society. Goswami has tried to create misogyny against women in the society. He made an outrageous remark against the Congress president on a live TV programme. This is completely unethical journalism and we publicly protest it. We believe in brotherhood and cannot accept such animosity. This will be dangerous for the unity and integrity of the country (sic)," it said.

Comments

Sayed Noorulla
 - 
Friday, 24 Apr 2020

Respected Mr. Uddhav thackeray, put this crazy fellow  Go Swamy in Mental Hospital, he require treratment, and after the treatment, sentence him to lifetime in prison.

 

Syed
 - 
Friday, 24 Apr 2020

He should be banned for lifetime from all the news channels, his licence should b cancelled and a hefty penalty should be put on him so that no one in future try to be a journalist to spread hatred and communal divide in society. He is a disgrace to India.

INDIAN
 - 
Thursday, 23 Apr 2020

One of the ugly person in our belover india, his duty is to divide people, make riot, and get good amount of money...he is not favouring any human being or even hindus....for him what if any innocent hindu or muslim die...he is sitting is AC room and igniting riot....

 

his supporters must be ashmed to have like this person whos bread and butter from killing innocent human of india...

Suresh
 - 
Thursday, 23 Apr 2020

Nice to herar this great news, Not only Arnab Gobarswami and his channel also ABP News, Zee News and India News all spreding Cammunal hatreds all these channels should be terminated forever. 

Mohammed SS
 - 
Thursday, 23 Apr 2020

Well done, I am very happy to herar this news, I beg not only criminal cases even his channel should be closed forever he is very big b***terd, he is always condem the penelists with harsh words while on the debates all are taking him lightly it looks very bad to the viewers  

Ahmed Ali Kulai
 - 
Thursday, 23 Apr 2020

This bugger should be put behind the bar as what Maharastra Govt has done for ABP News reporter. 

 

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News Network
April 14,2020

Dubai, Apr 14: Around 2,500 Indians have approached Indian missions in the United Arab Emirates (UAE) seeking help to be flown home during the ongoing coronavirus lockdown, top diplomats have said.

The Indian Embassy in Abu Dhabi and the Indian Consulate in Dubai together have received requests from "a little more than 1,000 individuals" while the latter has received an additional request from an employer who has laid-off around 1,000 Indian workers, reports Gulf News on Monday.

According to the Indian Ambassador to the UAE Pavan Kapoor, the missions have not been bombarded with mass requests from the people who wish to take an immediate flight home unlike widespread reports on social media.

Most of the individuals who have expressed their interest to return home are visitors and those who lost their jobs, he told Gulf News.

Consul General of India in Dubai, Vipul said his mission had received nearly 1000 requests via email and phone from people who want to return home.

"A majority of them are visit visa holders. On Sunday, we got information about another large group of around 1,000 Indian workers who have lost jobs. The employer has got in touch to know the options to send them back home as early as possible," he told Gulf News.

However, the diplomatic heads refuted unverified reports that claim tens of thousands of Indians were scrambling to fly home during the pandemic.

They added that the missions have been aiding hundreds of workers, who have been left in the lurch by their employers, with provisions.

The Indian government had said that flight services cannot be resumed during the lockdown period, which has now been extended till May 3.

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News Network
April 22,2020

Bengaluru, Apr 22: With seven more people tested positive for COVID-19, the total number of cases now stands at 425 as of date in Karnataka, informed state health department on Wednesday.

Out of the total COVID-19 cases, 17 people have died and 129 have been discharged.
These seven new cases came to light in the last 24 hours.

With 1383 more cases and 50 deaths reported in the last 24 hours, India's total number of positive COVID-19 cases stands at 19,984, said the Ministry of Health and Family Welfare on Wednesday.

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