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
August 7,2020

Mangaluru, Aug 7: A woman suffered critical injuries after a speeding car knocked down her scooter and then ran over her at Kadri Kambla Junction in the city today.

The woman identified as Vanishri Bhat (22) a resident of Kedila from Puttur. 

A CCTV footage of the accident, which went viral on social media, shows the car hitting the scooter, pushing the woman on road for a couple of meters before climbing over her.

The car stopped when she was under it. A few people including a policeman lifted the car from the front and rescued the woman. 

She was immediately taken to a private hospital in Mangaluru City MLA U T Khader’s car which was passing through that way. 

She has suffered critical injuries on her head, ribs, hands and legs, sources said. She is reportedly responding to treatment. 

It may be recalled that in December last year a lorry-auto accident at the same spot claimed life of a 56-year-old teacher while the auto driver miraculously survived. Following the accident, speed breakers were installed at the junction.

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Ram Puniyani
January 22,2020

Shivaji is a great icon in Maharashtra. Different sections of society have given him very high status, though for diverse reasons. Folklores about him abound in the state. His statues, popular songs on him are very prevalent. These folk songs (Powadas) praise his multifarious actions. So it was no surprise that when Jayabhagwan Goyal, released his book, ‘Aaj ka Shivaji: Narendra Modi’, at religious-cultural meet organized by Delhi BJP, there was a strong resentment in Maharashtra. Various leaders from Maharashtra were furious. The Shiv Sena leader Sanjay Raut challenged the Shivaji’s descendent, Sambhaji Raje who is in BJP and is member of Rajya Sabha, to resign on the issue. Sambhaji Raje in turn stated that "We respect Narendra Modi, who was elected as the prime minister of the country for the second time. But neither (Narendra) Modi nor anybody else in the world can be compared with Chhatrapati Shivaji Maharaj,"

Not to be left behind Jitendra Awhad of NCP felt Modi-BJP are insulting the pride of Maharashtra. It is not the first time that controversy is erupting around the Maharashtra warrior of medieval period. Earlier we had seen Sambhaji Brigrade demanding the ban on James Laine book, Shivaji: ‘A Hindu King in an Islamic Kingdom’, for its objectionable content. Bhandarkar Institute in Pune, which had helped James Laine in his research, was also vandalized. At another level there was a talk that Babasaheb Purandare, a Brahmin, who has written some popular material on Shivaji will be made as the Chairman of the committee for statue of Shivaji. Maratha Mahasangh and Shiv Dharm officials objected to a Brahmin heading the committee for a statue for the Maratha warrior. The caste angel in Shivaji’s case is coming to the fore from quite some time.

While there is no dearth of controversies around Shivaji, it is also true that each political tendency has created Shivaji’s image from their political point of view. Who was the real Shivaji, is the question. One can see two clear streams of projection in this matter. On one hand there is an attempt to present Shivaji as the anti Muslim King, a king who was respecting Cows and Brahmins (Go Brahman pratipalak). This view was brought forward from the times of Lokmanya Tilak and picked up by Hindu nationalists, who have been looking for icons in history to suit their political agenda. Nathram Godse, while criticizing Gandhi says that Gandhi’s nationalism was dwarf in front of the one of Shivaji or Rana Pratap.

In tune with this the Hindu nationalists are promoting both these as icons of Hindu nationalism and giving anti-Muslim slant to the whole discourse. This discourse also hides in this the Brahmanical agenda of Hindu nationalism as Cows and Brahmins are presented as the central object of veneration by Shivaji. This image of Shivaji fits well into the current agenda of Hindu nationalists, being spearheaded by RSS Combine.

It is because of this that for seeking votes in Mumbai Narendra Modi on the eve of 2014 elections stated that Shivaji attacked Surat to plunder the treasury of Aurangzeb. This also presents Shivaji-Aurangzeb, Shivaji-Afzal Khan interactions as battle between Hindus and Muslims. The truth is that Surat was plundered for its wealth as it was a rich port city and Bal Samant’s book on the topic gives in depth description of the same. It is noteworthy that Shivaji began his real career of conquest in 1656 when he conquered Javli from the Maratha Chief Chandra Rao More. He took over the treasures of this kingdom. That it was not a Hindu Muslim battle becomes clear when we know that in confrontation with Aurangzeb it was Mirza Raja Jaisingh who was negotiating and engaging with Shivaji on behalf of Aurangzeb. And Shivaji had Muslim officers like Kazi Haider as confidential secretary and many Muslim Generals in his army.

Darya Sarang was chief of armor division, Daulat Khan was in-charge of his naval division; Ibrahim Khan was another general of significance in his army.  This mixed up administration just shows that the kings were not having Hindu or Muslim administration depending on their religion. In the confrontation between Shivaji and Afzal Khan, Rustam-e-Jaman was Shivaji’s side and Afzal Khan had Krisnaji Bhaskar Kulkarni on his side.

As far as Shivaji’s popularity is concerned it was due to his being a King with welfare of his subjects in his mind. He lightened the burden of taxation on the average peasants, and reduced the domination of landlords over the serfs. This picture of Shivaji is well documents in the booklets by Com. Govind Pansare (Who was Shivaji) and Jayant Gadkari (Shivaji: Ek Lok Kalyankari Raja- Shivaji: King doing People’s Welfare). He did not belong to the warrior caste so Brahmins had refused to coronate him, for which purpose Gaga Bhatt a Brahmin from Kashi was brought in with heavy fees. Teesta Setalvad’s hand book on History for teachers underlined this fact.

Today while BJP-Brahmanical forces want to present Shivaji as worshipper of Brahmins and cows, the non upper caste have seen through the game. As such it was Jotirao Phule who brought forward the caste angel of Shivaji as he wrote Powada (Poem) in his honor and today dalit Bahujan are not toeing Hindu Nationalist projection on the issue.

The likes of Jayabhagwan Goyal of BJP as such are trying to give two messages through such attempts. One hand they want to paint Shivaji in anti Muslim and Brahmanical color, they also want to give the subtle message of similarity of this presentation of Shivaji with what Modi is doing. Non BJP forces have seen this game and want to present the other picture of Shivaji, which was highlighted by the likes of Jotirao Phule and which today many of those standing for rights of dalit-Bahujan are trying to articulate. The criticism of the said, book, since withdrawn is on these twin aspects. One about the picture of Shivaji who was concerned about welfare of the farmers, and two his respect for people of all religions.

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News Network
March 28,2020

Bengaluru, Mar 27: A software engineer has been arrested for giving a "call" to the people to sneeze in the open and spread coronavirus, police said on Friday.
The person identified as Mujeeb Mohammad had made this call in a Facebook post.
"Let's join hands, go out and sneeze with open mouth in public. Spread the virus," he wrote.

"The person who put this post saying people should go out and sneeze and spread the virus has been detained. His name is Mujeeb. He works in a software company," Bengaluru Joint Commissioner of Police Sandeep Patil said in a statement.

40 migrant labourers working in Mumbai caught while trying to flee to UP in truck, booked
Meanwhile, Infosys tweeted: "We are deeply concerned with an inappropriate post being attributed to an Infosys employee. We strongly reaffirm our commitment to responsible social-sharing.

The company also said, "Our preliminary enquiry, and discussions with our employees suggest that this could be a case of a mistaken identity."
"However, given the seriousness with which we take such matters, we are investigating this further and will also assist with any independent investigation. The company would take appropriate action based on its investigation," it added

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