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
January 26,2020

Mangaluru, Jan 26: A 55-year-old man has been arrested for allegedly attacking his sister-in-law and her daughter with acid used to make rubber sheets in Dakshina Kannada district of Karnataka, police said on Saturday.

The victim, a 35-year-old widow with three daughters, has been admitted to the government Wenlock Hospital here with severe burns. Her daughter, who suffered minor injuries, is also hospitalised.

In her complaint, the woman said her late husband's elder brother came to her house on Thursday, abused her in foul language before opening an acid bottle and throwing its contents at her through the window.

The woman suffered burn injuries on her face, neck and shoulders and her daughter on her legs and hands.

The victim's husband had taken a loan of Rs 5 lakh from a cooperative bank but died in 2018 after paying only two instalments and the woman could not repay it further.

The bank's notices kept coming to the elder sibling's address, which infuriated him. There was also a long-pending land dispute between the two, sources said.

Based on the woman's complaint, a case was registered on Friday and the man arrested soon after. Kadaba sub-inspector police Rukma Naik visited Wenlock

Hospital to record the woman's statement, police added.

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News Network
June 29,2020

Bengaluru, Jun 29: Bengaluru continued to see a sharp spike in covid- 19 cases as 738 more people tested positive on Monday that took the city's tally to 4052 of which 3427 is active.

The surge in Bengaluru pushed up the number of positive cases to 1105 across Karnataka. The total number of cases in Karnataka now stands at 14,295 of which 6382 are active.

The death toll stood at 230 as 19 more people died in the 24 hours till 5 pm on Monday.

Karnataka, particularly Bengaluru, has seen a sharp rise in cases over the last two weeks indicating the possibility of community transmission and further rise in cases.

Estimates by government authorities project that Karnataka will have around 25,000 cases by mid-August.

R.Ashok, the revenue minister incharge of covid- 19 in Bengaluru on Monday told doctors that they would have to dedicate another six months to contain the virus indicating that authorities were expecting the case count to rise in subsequent days and months.

The city reported over 3,200 cases since 19 June as against 844 cases between 8 March and 18 June.

There are around 500 containment zones in Bengaluru that is likely to have an impact of business and activities in the state's growth capital and its efforts to revive the economy.

The state government on Monday held meetings with private hospitals to increase the number of beds available for treatment of covid- 19.

The number of people in intensive careunits (ICU) jumped to 268.

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News Network
June 12,2020

Bengaluru, Jun 12: The Karnataka government is mulling to issue caste and income certificates to Brahmins though they are in a minority, accounting a mere three per cent of the southern state''s seven crore population, an official said on Thursday.

"Though Brahmins are in a ''minority'' in terms of their population across the state, they need caste and income certificates to benefit from the welfare schemes as in the case of the SC, ST and OBC groups," an official said here.

The Karnataka State Brahmin Development Board was set up in March 2019 as a state-run company with Rs five crore authorized capital and Rs five crore equity and is registered with the Registrar of Companies.

"The Board has petitioned the state government to implement the 10 per cent quota for the economically weaker sections, as its benefit is being given by the central government jobs and in admissions to the national educational institutions," said its chairman H.S. Sachidananda Murthy.

Responding to the demand, state Chief Minister B.S. Yediyurappa said the state government would consider issuing caste certificates to the Brahmins so that they too can benefit from the state''s various welfare schemes.

"Though Brahmins belong to the forward community, they are economically weaker and need financial support," said Yediyurappa on Wednesday after unveiling the Board''s official website for all its stakeholders here.

Brahmins whose gross annual family income is less than Rs eight lakh per annum will be eligible for the benefit schemes.

"The Board will soon be authorised to issue caste and income certificates to the members of the Brahmin community so that they can also benefit from the schemes," said the chief minister on the occasion.

Noting that every community has people who are forward and backward economically for various, including historical reasons, Yediyurappa said the Board would be empowered to serve the Brahmins.

"The Board also proposes to provide interest-free loans to the financially weaker sections of the people in the Brahmin community," added Murthy.

The community members urged the Chief Minister to provide 10 per cent of the state government jobs and seats in state-run educational institutions, including professional collages.

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