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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News Network
June 25,2020

Bengaluru, Jun 25: Karnataka Chief Minister BS Yediyurappa on Thursday asked people to cooperate by following the measures put in place for the control of COVID-19 if they don't want another lockdown or sealing in Bengaluru.

Amid talks about re-imposing lockdown in the city following the recent spike in cases, the Chief Minister said he will hold discussions on Thursday and Friday regarding the strict measures that need to be taken to control the virus.

"COVID pandemic is increasing, we are making all efforts and we have even sealed some areas. Today afternoon at Krishna (the CM's home office) I have called a meeting with Ministers and officials and will discuss the strict measures to be taken to control COVID," Mr Yediyurappa said.

Speaking to reporters, he said, "Tomorrow noon I have called a meeting of legislators of all political parties from Bengaluru and all Ministers from the city to discuss with them, seek their opinion and take stringent measures."

Citing an increase in cases, Health Minister B Sriramulu on Tuesday had said the government may have to think about imposing lockdown in the city if the situation continues.

Following this several Ministers in the state cabinet on Wednesday had said, any decision on re-imposing lockdown in the city will be taken only after consulting experts.

Some reports had even suggested that a decision on lockdown is likely at the cabinet meeting scheduled today.

The Chief Minister said there is no lockdown in the entire city, adding only in a few areas it has been imposed and would continue.

Concerned over the increase in COVID-19 cases in the city, Mr Yediyurappa on Monday had directed officials to implement lockdown measures strictly in certain clusters which have reported greater number of coronavirus infections.

The city's busy K R Market and Kalasipalya Market have been sealed for 15 days by the civic body Bruhat Bengaluru Mahanagara Palike (BBMP) as part of measures to check the spread of the deadly virus.

Stating that Bengaluru is a model for the whole country in COVID-19 management, Mr Yediyurappa on Thursday said, when you compare with other major cities, "we have not yet lost control."

A total of 1,678 cases of COVID-19 have been reported in the city till last evening.

This includes 78 deaths and 475 discharges.

The number of COVID-19 cases in the state which stood at 3,408 as of June 1 has crossed the 10,000 mark on Wednesday with the state capital topping the districts in the infection count.

Seeking public cooperation in controlling the spread of the virus, Yediyurappa said social distancing and other measures in place were not followed, there has been spread to slums and other places.

"If you don't want Bengaluru to be sealed once again please cooperate and maintain distance," he added.

Mr Yediyurappa also said, the government has taken all measures for the safe conduct of SSLC (class 10) exams from today, and students should come out and write exams for their bright future.

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News Network
April 7,2020

Mandya, Apr 7: A man who was suspected of having the COVID-19 infection, escaped from the isolation ward of the Mandya Institute of Medical Sciences (MIMS), on Monday, creating panic among the people and hospital staff.

The man had earlier been in quarantine in Malavalli. On Sunday night He was shifted to MIMS Hospital, after he complained of throat infection and breathing problems and was kept in an isolation ward.

On Monday morning, however, the hospital staff found missing from the ward. They immediately reported the matter and launched a search for him. Superintendent of Police K Parashuram and Additional SP V J Shobharani and others rushed to the spot and began an inquiry. They also viewed the CCTV footage.

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News Network
March 30,2020

New Delhi, Mar 30: A Muslim woman from Jammu and Kashmir has donated her savings of Rs 5 lakh, meant for the Hajj pilgrimage, to the RSS-affiliated 'Sewa Bharati' after apparently being "impressed with the welfare work" done by the outfit amid the lockdown due to the novel coronavirus pandemic.

Khalida Begum, 87, who saved Rs 5 lakh for Hajj, was forced to defer her plans for the pilgrimage due to the lockdown.

Hajj is the annual Islamic pilgrimage to Mecca in Saudi Arabia, the holiest city of Muslims.

"Khalida Begum ji was impressed with the welfare work done by the Sewa Bharati in Jammu and Kashmir during the tough time the country is passing through due to sudden outbreak of COVID-19 and decided to donate Rs 5 lakh to the organisation," Arun Anand, head of RSS media wing Indraprastha Vishwa Samvad Kendra (IVSK), said.

The woman wants that this money should be used by the community service organisation Sewa Bharati for the poor and the needy in Jammu and Kashmir. She had saved this amount for performing Hajj, plans for which she deferred due to the present situation, Anand said.

"Khalida Begum ji was among the first few women in Jammu and Kashmir who got educated in a convent. She is the daughter-in-law of Colonel Peer Mohd Khan, who was president of the Jana Sangh," he said.

Jana Sangh was also an associate of RSS and later became the Bharatiya Janata Party.

Anand said despite her age, she had been very active in welfare works for the women and the downtrodden in Jammu and Kashmir. Her son, Farooq Khan, a retired IPS officer, is presently serving as an adviser to the Jammu and Kashmir Lieutenant Governor.

Meanwhile, since the lockdown was announced, Sewa Bharati volunteers across the country have been providing food and other essential items to the needy. The Sangh-affiliate's volunteers were seen on Saturday managing crowd and providing food to them at the Anand Vihar bus terminal in Delhi.

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