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
January 13,2020

Mangaluru, Jan 13: At least one lakh people from across the twin districts of Dakshina Kannada and Udupi are likely to attend the protest meet against CAA-NRC on January 15 at Adyar Kannur in Mangaluru.

Massive preparations are going on at the Shaha Garden in Adyar where the event is expected to start at 2:30 p.m.

Organisers have urged the people to make the event successful one by maintain peace and not giving an opportunity for trouble mongers to disrupt the event.

Addressing a press meet here today, K S Mohammad Masood, president of the Muslim Central Committee of DK and Udupi, said that senior activists and priests from different religions also will take part in the event.

The guest list includes acclaimed thinker and activist Harsh Mander, former IAS officer Kannan Gopinathan, retired Supreme Court judge Venkate Gopala Gowda.

Mangaluru Bishop Peter Paul Saldanha, Jnanaprakash Swamiji of Mysuru, Mangaluru Khazi Thwaka Ahmed Musliyar, Udupi Khazi Bekal Musliyar, Ullal Khazi Fazal Koyamma Thangal, JIH leader Mohammed Kunhi and PFI leader Mohammad Shaqib also will among dozens of guests.

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coastaldigest.com news network
July 15,2020

Mangaluru, Jul 15: A septuagenarian from Bantwal taluk died due to coronavirus infection at a hospital in the city taking the covid-19 death toll in Dakshina Kannada to 54.

The deceased was a 73-years-old and a resident of Kasaba village in Vittal, Bantwal. Recently eight members of his family were tested positive for covid-19 including his son.

He was admitted to a hospital in Mangaluru where he was tested positive for the virus. He did not respond to the treatment and breathed his last, sources said.

The final rites were carried out by a team of trained activists of Popular Front of India (PFI) at a designated graveyard. All necessary precautions were taken by the authorities concerned and police during the funeral.

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News Network
January 24,2020

Bengaluru, Jan 24: The JD(S) is looking to leverage anti-Citizen (Amendment) Act (CAA), National Register of Citizens (NRC) and National Population Register (NPR) sentiment sweeping the country to revive itself and will hold protests in Bengaluru and New Delhi.

The Bengaluru protest is scheduled for Friday. At a meeting of party workers in Bengaluru on Thursday, party patriarch HD Deve Gowda and former chief minister HD Kumaraswamy urged the rank and file to participate in the rally to send out a loud and clear message to the BJP.

"The BJP has set out to make Muslims second-grade citizens. India has 40 crore Muslims, can these communal forces eliminate them all?" Gowda said in his address. "We should have the guts to launch a massive protest at Jantar Mantar. We should be prepared to go to jail in the fight against [Prime Minister] Narendra Modi and [Union home minister] Amit Shah."

Gowda said he will lead the rally in Delhi and urged secular parties to unite to take on the BJP. "It is important that regional parties, which share a secular ideology, unite on a common agenda and fight the BJP. Bihar, Kerala and Odisha have said they will not implement CAA. The sentiment is likely to spread to other states," Gowda said.

Kumaraswamy said not only Muslims but many other communities will also bear the brunt of BJP’s "divisive politics". "This pair of Hakka-Bukka [Modi and Shah] is not targeting Muslims alone," he said. "For them, all communities other than upper caste Hindus are inferior Shudras. They will treat even Lingayats, Vokkaligas and Dalits with the same contempt."

The former CM made a special appeal to Lingayats, who generally back the BJP, to stop supporting the saffron party’s caste-oriented politics. "You had appreciated my farm loan waiver scheme and promised support in the elections. But, the results were contrary to that," he said.

The JD(S) passed three resolutions including one to condemn the Centre for enacting CAA. The others were to protest against the Centre’s indifference to the floods in the state and the failed economic policy of the Centre.

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