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
June 2,2020

Bengaluru, Jun 2:  With easing of COVID-19 lockdown curbs, the Karnataka excise department has accorded permission for fresh brewing or production of beer and to sell it in microbreweries as takeaways.

"Permission is hereby accorded to microbreweries for fresh brewing/production and sale of beer as takeaway in glass, ceramic or stainless steel container (up to 2 litre) till 30-06-2020, or until further orders, whichever is earlier," the Excise Commissioner in a letter dated June 1 to Deputy Excise Commissioners of all districts said.

The opening and closing hours of the microbreweries shall be from 9 am to 9 pm, it said, adding that all other conditions as laid down will remain unaltered.

Earlier, in a letter dated May 12, the Excise Commissioner had "conditionally" granted permission for microbreweries to sell their beer stock as takeaway on experimental basis for the period from May 14 to June 30 or until exhaustion of existing beer stock, whichever is earlier.

It had called for measures like social distancing, cleanliness, usage of masks and sanitizers, among others, and had said, microbreweries situated in containment zones are not allowed to function.

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News Network
June 22,2020

Bengaluru, Jun 22: The Central Crime Branch (CCB) of Bengaluru Police has obtained the custody of an associate of gangster Ravi Pujari and is questioning him about his role in several cases against the gangster, the police said on Monday.

According to the police, Khan is convicted in the case related to the murder of a builder named Subba Rao in the year 2017. The accused has been identified as Yousuf Bacha Khan.

"Continuing the investigation of Ravi Poojary, CCB had obtained custody of Yousuf Bacha Khan, who is associate of Pujari. Khan was convicted in the Subba Rao murder case. He is being questioned about his role in other cases," Joint Commissioner of Police (Crime) Sandeep Patil said.

The CCB had recently filed two charge sheets against gangster Ravi Pujari in Shabnam developers double murder case and an extortion case.

Pujari, who was wanted in several cases including ones related to heinous crimes like murder and extortion, was extradited to Bengaluru earlier this year from Senegal.

The gangster, who parted ways with underworld don Chhota Rajan, had jumped bail after he was arrested in Senegal in 2019 and had escaped to South Africa, where he was involved in drug trafficking and extortion.

According to sources in the Indian intelligence, Ravi Pujari was hiding under the false identity of Anthony Fernandes, a Burkina Faso passport holder, in a remote village in South Africa.

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News Network
July 23,2020

Bengaluru, Jul 23: Karnataka on Thursday recorded a biggest single-day surge of over 5,000 cases and 97 related fatalities, taking the total number of people who tested positive for the virus to 80,863, the health department said. 

The day also saw a record 2,071 patients getting discharged after recovery.

Out of 5,030 fresh cases reported, a whopping 2,207 cases were from Bengaluru urban alone.

As of July 23 evening, cumulatively 80,863 Covid-19 positive cases have been confirmed in the state, which includes 1,616 deaths and 29,310 discharges, the health department said in its bulletin.

It said, out of 49,931 active cases, 49,291 patients are in isolation at designated hospitals and are stable, while 640 are in ICU. Out of the 97 deaths reported on Thursday 48 are from Bengaluru urban, followed by Mysuru 8, Dakshina Kannada 7 and others.

Most of the dead are either with a history of Severe Acute Respiratory Infection (SARI) or Influenza-like illness (ILI).

Among the districts where the new cases were reported, Bengaluru urban accounts for 2,207, followed by Raichur 258, Kalaburagi 229, Dakshina Kannada 218, and others.

Bengaluru urban district tops the list of positive cases, with a total of 39,200 infections, followed by Dakshina Kannada 4,209 and Kalaburagi 3,370. 

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