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 12,2020

Mangalore, Jan 12: Thieves reportedly stole around 70,000 cash from a MESCOM ATP machine located at Chembugudde in Thokkottu, Police said here on Sunday.

Police said that the theft took place in the MESCOM sub-division office at Chembugudde. It was said that the thieves broke open the room where the MESCOM customers bill payment machine was located and stole 70,000 rupees cash from the ATP machine.

This machine had nine lakh rupees cash. The amount was reported to have been transferred at around 1500 hrs on Saturday.

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News Network
January 15,2020

Bengaluru, Jan 15: Srishti Institute of Art, Design and Technology in Bengaluru has decided to remain shut for two days after a group of BJP workers wiped out graffiti on its outer walls claiming it as anti-Modi and allegedly warned them against any anti CAA agitation there.

According to sources, the group led by Yelahanka MLA S R Vishwanath allegedly even towed away some vehicles of students and faculty parked in front of the institute alleging that they were blocking the road and causing inconvenience to the local people.

Some students have alleged that they were threatened by BJP workers and also the institute's authorities regarding the graffiti and the blocking of the road using traffic police.

They even claimed that BJP workers warned them against organising any anti-NRC or CAA protests.

A few local residents are also said to have joined the BJP workers and raised complaints about the conduct of the institute's students.

According to local BJP workers, the MLA and a few party men had gone near the institute on receiving complaints from locals about vehicles parked there blocking the road, and when they came across the graffiti they painted it with saffron paint to avoid any controversy, and there was no altercation as being alleged.

However, there is no clarity on who drew the graffiti regarding Modi, which according to BJP workers allegedly depicted the PM in poor light.

The institute has declared holiday on Thursday and Friday to avoid any further escalation, keeping the interest and safety of students in mind, sources said.

Interestingly, on Tuesday graffiti had appeared overnight on the shutters of some shops and walls on the Church Street against Modi, CAA and NRC, following which the city police have launched an investigation.

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Press Release
January 2,2020

Mangaluru, Jan 2: Seven achievers from various fields including Kannada writer and thinker Boluvaru Muhammad Kunhi have been chose for ‘Sandesha’ Awards for the year 2020.

Announcing this at a press meet in the presence of Sandesha director Fr Francis Assisi Almeida, writer Na D’Souza said that the award ceremony will be held on 9 February 2020 at 5:30 pm at the Sandesha Premises.

Bishop of Ballari Diocese and president of Sandesha Foundation, Dr Henry D’Souza will preside over. President of Karnataka Sahitya Academy Dr B V Vasanth Kumar will be the chief guest. Bishop of Mangaluru Diocese Dr Peter Paul Saldanha and Bishop of Udupi Diocese Dr Gerald Isaac Lobo will be the guests. MLA of Mangaluru South Constituency Vedvyas Kamath and Film Music Director Cajetan Dais will be the guests of honour”.

Awards and Awardees

1. Sandesha Literature Award (Kannada)- Mr. Boluvaru Muhammad Kunhi

He was born in 1951at Puttur. He has secured gold medal in Kannada Post Graduation from Mysore University. At present he is retired and settled at Bangalore after serving 40 years in Syndicate Bank as an officer.

He is the only Indian writer conferred with Central Sahitya Academy twice (2010 & 2016) for creative prose. He is also the first ever Kannada writer conferred with `BalaSahityaPuraskar’ by Central Sahitya Academy. His epic 1,110-page opus named "Swathranthada Ota" (in English: The run for independence) released on 18 March 2012 at RavindraKalakshetra, Bangalore by the world famous Sarod artist Pandit Rajiv Taranath.

He worked as Senate Member in Hampi Kannada University, Kannada Sahitya Academyand KannadaPustakaPradhikara. He also worked as State president for `Samudaya’ Cultural Organisation, as Convener to BandayaSahityaSangha, as Edirot to GIANT (Syndicate Bank's House Magazine) KRISHILOKA (Syndicate Bank's Magazine), as member to RDC (Syndicate Bank's Rural Development Institute), Self-Employment Training Institute (RUDSETI- Dharmastala). He was the President for Kannada BelesiBalaga and ChitraSamudaya (Film Division)

2. Sandesha Literature Award (Konkani): Mr. ValliVagga (Mr. Valerian D Souza)

He was born at Vagga of BantawalTaluk of Dakshina Kannada in the year 1947. His pen name is ‘ValliVagga’. He was an industrialist and at present he is retired and continuing is service in literature. In 55 years of his service in the field of Konkani literature, he has written some 150 short stories, 140 poems and 120 articles in different papers, magazines and websites. Out of these articles, some 40 articles have been translated and published in different papers.

He has published 8 books and his Konkani drama “KhandhiKuris” has already had 13 exhibitions. He has been honoured by Karnataka Konkani Academy, Konkani Kutam Bahrain and Daiji Dubai and also he has worked at various capacities in the field of Konkani Literature.

3. Sandesha Media Award: Mr. Shiv Kumar

Professionally he is an engineer and living in Bangalore. For the last 32 years he has been running a magazine called “Aparanji” as an editor. Already he has written 12 books and through his jokes, literature and science he has been decimating information to the general public.  For his literary work in jokes, he has been awarded with Karnataka Sahitya Academy award.

4. Sandesha Konkani Music Award: Mrs. Helen D’Cruz

Mrs.Helen Correa was born in Africa to late Flora and Alexander Correa. In Mumbai Helen was working for women’s magazine Eve’s weekly and had the opportunity to meet some of the best Bollywood actors and singers notable among them GeetaDutt and Hemant Kumar. She has also worked closely with late DivyaniChaubal, writer-columnist and well-known film critic.

She is one of the greatest legends of Konkani stage who stood her own along with Bollywood fame Hemanth Kumar and SangeethSamrat Henry D’Souza. She is known for immortal Konkani hits like ‘Ye..Ye..Katrina’, ‘ChondremUdevnAilo’, ‘GharasoDivo’, ‘SuryachiKirnam’, and many more. Helen’s music journey from Africa–Mangalore–Mumbai-Kuwait-Mumbai is quite astonishing.

Helen had created a sensation in the Konkani music world with her melodious and mellifluous voice in the early 60s and 70s thus giving a big fillip to Konkani music. She was the first reputed Konkani female singer in Mumbai. “SuryachinKirnan” of Jerome D Souza was her first song in radio in 1961 and with that Helen the singer had arrived on the scene. She sang many songs with Alphonso D Costa and also with Henry D Souza.

Helen has also cut an album with Henry D’ Souza with some memorable songs like “ChandremUdevn”, “Sezari”, “GharachoDivo” and of course “Katrina”. Though all the songs were quite melodious and hummable Katrina song hit the bull’s eye. Helen recalls that in during the general elections in Goa the Katrina song had gained lot of fame. Helen also reached the zenith of her popularity with some of the evergreen numbers like “DaryachaDaryachaLarani”, written by Henry, “KalzanthUllasBhorla, BhovtinVaren Valla.” “NaamvmujeLeena”, “Sanjecha Velar” (both tunes by Helen). Helen has also written lyrics of the song “TuMaka”. Apart from Alphonso, Henry and Hemant Kumar, Helen has sung with Jerome D Souza and Henry Moraes (in plays).

5. Sandesha Art Award: Dr. K. S. Pavithra

She is Psychiatrist by profession. Not only she is a good physician and researcher but also a good dancer (Artist). She has done her studies in Bharatnatyam and presently teaching several students. She is the director of Shri Vijay Kalanikethan ® at Shimoga. She has performed various dance programmes at the international level too.

As a dancer and also as a coordinator she has performed many programmes at the national and international level. She has received regional, national and international awards and also she is one among the 25 artists selected by India to participate for the International Festival.

6. Sandesha  Teacher Award: Mrs. Justin D Souza

For the past five decades, as a head of the Siddaganga Education Institution at Davanagere, Mrs. Justin D Souza has served in the field of education along with areas of culture, sports, science and art. She has given prominence to her students to build the leadership in the society by providing them proper channels and avenues.

She has set an example to others by creating environment friendly school and worked hard to recognize her school as a ‘school free from waste materials’. She has been working as a member of several associations of literature and published a book by name “SiddagangeyaSiri”.

She has bagged several awards namely “SevaDhurine”, “Shikshana Shri”, “ShikshanaSiri”, “ShramikaMahile” “Sharada” “Avva” “Kayaka Shri”, “VratthiChaitanyaRatna”, “ShikshanaShiromani” “VidhyadhareSarsvathi” and so on. She has been honoured with Kannada Rajyostva Award too.

7. Sandesha Special Recognition Award- Achievement: Mr. Vincent Prakash Carlo:

For the past 31 years, he has been in the field of Body building and power lifting and he has represented India at International level and brought honour to the nation. He has been a great inspiration to the youth and others to get motivated to keep a healthy body by getting trained themselves under his effective training.

He is from Mangalore. He is a Body Builder and Power lifter. He has participated in 11 international competitions and bagged 2 Gold, 1 Silver and 2 bronze. He has participated in 24 National Level and 28 state level Competitions and bagged 28 Gold, 17 silver and 7 bronze medals.

He has been honoured twice with “Strong Man of India” and twice as “Strong man of South India”

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