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.”

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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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Media Release
January 17,2020

Udupi, Jan 17: In a unique philanthropic initiative, two US based NRI children have established the first unit of Keithan & Keisha Skill Development Centre at SVS English Medium School, Katapady in Udupi district.

The centre was inaugurated by Dr. Ranjan B. Kini, Professor of Management - Information Systems of Indiana University Northwest (UCN), USA on Saturday, January 11, 2020.

The centre will provide exposure to rural high school students in technical skills in emerging technological domains, soft skills and life skills through online training and video conferencing during weekend seminars. The centre is established by Keithan and Keisha with the help of their parents. They are the children of Katapady Krishna Mohan Pai, CEO of Invenger Technologies Inc., USA. One 55 inch LCD TV, two computers and one laptop were donated as part of the initiation package.

Dr. Srikanth Prabhu, Associate Professor, Department of Computer Science & Engineering, MIT, Manipal will be anchoring the training sessions which will cover emerging fields like Robotics, its impact and the opportunities in the future. The training will include international online programmes and video conferencing.

“In today’s competitive world, students need technical knowledge to keep pace with the changing scenarios. Along with technical exposure, they should also be equipped with soft skills, communication skills and organizing abilities,” said Dr. Ranjan B. Kini after inaugurating the first unit at SVS English Medium School, Katapady.

Dr. Srikanth Prabhu informed the gathering about the idea behind the project, explained its features and programmes. “If good awareness is given to students at a young age regarding latest developments in technical fields and if they are trained in soft skills and other complementary skills, they will be able to face the future with confidence and attain the heights of success even if beginning from zero,” he said.

Presiding over the function K. Sathyendra Pai, Director of Invenger Technologies said, “This is the first centre to be set up under our initiative to train rural children in add-on skills and help them to gain parity with better educated students.”  More such centres will be set up in other schools soon, he added.

Katapady Krishna Mohan Pai, CEO of Invenger Technologies Inc., Amith Nayak of Archana Developers, Umesh Rao, President of Rotary Club Katapady, Savitha Manjunath, PWD Officer of Udupi, technical experts Nidhi Manjunath and Mitesh Singh were the guests of honour. Directors of the company B. C. Pai, Srinivas Vasudev Kini and Venkatramana Bhat were present.

School Headmaster Devendra Nayak welcomed the gathering. Megha gave a vote of thanks. School teachers Uma and Chaitra along with other teachers coordinated the event. Student leaders Dhanush and Jessel Vinola Quadros compered the programme.

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News Network
March 21,2020

Bengaluru, Mar 21: Appealing for support to the Prime Minister's call for observing 'Janata Curfew' on Sunday to contain the outbreak of COVID-19, Karnataka Chief Minister B S Yediyurappa has asked people not to come on roads immediately after the end of curfew time as it can nullify the measure.

Noting that people have extended both moral and societal support to this unique curfew, he said "Now, my appeal to people on behalf of Prime Minister Narendra Modiji is, don't come on roads and out of your dwellings immediately after nine in the night when curfew time ends. Remain settled in your houses and bungalows avoiding all public appearances on roads and other public places."

"Your coming out in open can nullify the 14-hour measure to contain the spread of virus. As a co-operation to authorities and the society, please remain indoors and stay with your near and dear ones," he said in a release.

Calling for "resolve and restraint" to fight the virus, the Prime Minister during his address to the nation on Thursday had asked the entire country to observe 'Janata curfew' on Sunday.

Calling for a 'Janata curfew' on March 22 from 7 am-9 pm, Modi had said no citizen, barring those in essential services, should get out of their house, and asserted that it will be a litmus test to show how much India is ready to take on the challenge of the coronavirus pandemic.

Stating the Karnataka government has so far been dealing successfully in containing the Covid-19 virus, Yediyurappa said this has happened because of people's co- operation.

He also asked people not to forget to involve in a bout of applause as a mark of appreciation to people involved in containing the spread of the virus and treating those affected by it.

Three new COVID-19 cases have been confirmed in Karnataka on Saturday, taking the total number of infections to 18 in the state.

Comments

Kannadiga
 - 
Sunday, 22 Mar 2020

Support Kerala Chief minister for how wise and perfect financial support. I/o  forcing the state citizens for a use less claping program

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News Network
February 21,2020

Chikkamagaluru, Feb 21: Alleged Bharatiya Janata Party supporters threw stones at Amulya Leona’s father’s house at Gullagadde near Koppa on Thursday night, after she was charged for making objectionable remarks at a public programme in Bengaluru.

Amulya Leona’s father Wazi said that the incident, which left window panes and doors damaged, took place at around 7.30 p.m. “They are all BJP supporters. They were in a group. I have complained to the police with the names of a few who led the group,” he said.

Three policemen have been deployed at his house since Thursday night.

Amulya Leona, a B.A. student, was charged with sedition after she raised pro-Pakistan slogans at a protest against the Citizenship (Amendment) Act in Bengaluru.

Mr. Wazi, who owns a two-acre areca plantation and runs a poultry farm, said he condemned the statement made by his daughter and he would not make any attempts to get her bail. “Let the law take its course. I cannot approve of her statement,” he said.

He said he had cautioned his daughter against getting involved in protests. “I told her to complete studies first and later she could fight for poor people. But what she said yesterday is not acceptable. I don’t know what made her so. I hope a probe would bring out who prompted her to make such statements,” he said.

Mr. Wazi said he has been politically active for several years, and had earlier worked for former education minister H.G. Govinde Gowda. He then shifted to the BJP and worked in support of D.N. Jeevaraj, who represented Sringeri constituency last time, and current Udupi-Chickmagaluru MP Shobha Karandlaje. “I have worked for the BJP in the past. As Govinde Gowda’s son contested on JD(S) ticket for Sringeri seat, I supported him”, he said.

Meanwhile, a video clip that went viral on Thursday night showed a group of Bajrang Dal activists compelling Mr. Wazi to shout ‘Bharat Mata ki Jai’. “I have no hesitation in raising ‘Bharat Mata Ki Jai’ slogans,” said Mr. Wazi, adding that his statement was taken forcibly. “I am a patriot. Many writers, activists and politicians have come to my place over the years,” he said.

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