Triple talaq not sanctified by Islamic shariah: Modi govt

September 24, 2016

New Delhi, Sep 24: Prime Minster Narendra Modi led union government has decided to tell the Supreme Court that the claim that the practice of triple talaq is in conformity with the Shariah is misplaced because about 20 Islamic countries, including Pakistan and Saudi Arabia, regulate matrimonial laws.

1tripletalaq
Steering clear of any mention of a uniform civil code (UCC), the Centre is set to argue that the plea advanced by the All-India Muslim Personal Law Board -that divorce by triple talaq is sanctified by the Shariah -is incorrect, and that the practice is a violation of the fundamental rights guaranteed by the Constitution in a secular state like India.

The Centre will articulate its position in an ongoing case challenging the practice.

"If regulating matrimonial laws is acknowledged in Islamic countries and not considered contrary to the Shariah, how can this be treated as such in a secular country like India where fundamental rights are protected under the Constitution?" a top government source said.

By side-stepping any reference to the UCC, the government hopes to counter any allegation that it is seeking to "impose" personal laws on the minorities. The government has referred the UCC issue to the Law Commission of India which will hold wide consultations, including discussions with various personal law boards and other stakeholders.

The Centre's approach -opposing the triple talaq as a violation of the fundamental rights of Muslim women -is a strong rebuttal of the All India Muslim Personal Law Board (AIMPLB). AIMPLB has defended the practice of polygamy and talaq and questioned the court's authority to adjudicate a religious matter derived from the Quran and Shariah law.

A group of ministers -comprising home minister Rajnath Singh, finance minister Arun Jaitley, defence minister Manohar Parikkar, women and child development minister Maneka Gandhi and law minister Ravishankar Prasad -has taken the view that the triple talaq issue should not be seen as the government's stand on a uniform civil code.

The issue of triple talaq is to do with gender justice; it should be non-discriminatory to women and protect the dignity of individuals, the source said. The right to practise one's faith is protected under the fundamental rights enshrined in the Constitution, he added, and is not impacted by setting aside triple talaq.

The government sees practices like triple talaq as discriminatory and believes it should be regulated under the law.

The SC had on September 5 asked the Centre to file a response within four weeks on a bunch of petitions challenging the Muslim practices of polygamy and triple talaq. The petitioners had demanded scrapping of Section 2 of the Muslim Personal Law (Shariah) Application Act, 1937, as they said it was unconstitutional and violated the fundamental rights guaranteed under Article 14 of the Constitution.

"About 20 Islamic countries have regulated marital laws, including Pakistan and Saudi Arabia, and Muslim-majority Bangladesh. If regulating these laws are not against Shariah in these countries, it should not be seen as one in India," the source said.

Once the Law Commission report on a uniform civil code is available, the government may call an all-party meeting to arrive at a consensus on the subject, a law ministry source said.

Comments

shaji
 - 
Sunday, 25 Sep 2016

Dear Naren, in case you are a true follower of Mahabharath, your women (your wife / mother / sister) should have at least 6 husbands. How many husbands do they have. If not you people are not followers of Mahabharath and you have no right to finger others.

Bopanna
 - 
Saturday, 24 Sep 2016

Ahmad Kc, Islam treats women well ,? It's a joke, Mohammad married Aisha when she was what ? 6 Years !!!!

Ahmed K. C.
 - 
Saturday, 24 Sep 2016

Naren Kotian,
You mean to say that in this 21st century you people are not practicing what is mentioned in you books or what was practiced earlier. Means, you people have changed and improved. where as according to you We Muslims are still in 6th Century.
Fine, What we have with us do not require any changes till the end of this world. Because what we have is just PERFECT. Does not require any changes, repairs, improvements etc.,
But, the one require changes all the time is NOT A PERFECT ONE.
Always need corrections.

Ahmed K. C.
 - 
Saturday, 24 Sep 2016

PK, Mangalore,
I don't think it's useful to comment on Naren Kotian's comments at all. You can see from the choice of his words that he is using to abuse people.
We can explain to those who have patience and tolerance. Not to educated brutes.
He thinks he is only intelligent and all others are fools.

PK
 - 
Saturday, 24 Sep 2016

Naren
Please read attentively what Ahmed KC wrote and then Go and check up in Manusmriti and also Ponder on what Ponder suggests and Also look for what NOOR suggests...
Please Give YOUR BRAIN something Good, its already fed up with Hatred and jealousy... the more hatred U spread , Ur heart will die and will become like stones and doesnt recognise the good of what people says...

PK
 - 
Saturday, 24 Sep 2016

Even in this 21st century , we see people worshiping the stones which is lifeless and motion less... (Neither it can harm nor it can benefit the beautiful creation of God \the human beings)
Wake up guys , Use your intellect &... look for NA TASYA PRATIMA ASTI... (There is no image of GOD)
Stop bowing down to life less created things and PONDER on who is Worthy of WORSHIP..."

Naren kotian
 - 
Saturday, 24 Sep 2016

Mr ahmed we are not living in 6th century like u guys ...so grow up ..sumne gadda bidodalla ...biryani ge kaas illa Andre helu kodona ...papa Saudi shake galu duddu kaluhisilla antha kanuthe ...grow up ..boost kudi...haha...infant marriage and child marriage in our community that too in 21 St century ...dodda joke...adu sati Anthe ...widow remarriage ilvanthe ....oops bari madrasa dalli idre heege agodu ...common sense baralla ...

PONDER
 - 
Saturday, 24 Sep 2016

Brother Non Muslims... please watch to understand rather than commenting like hate mongers without using their intellect...
Please watch the below video as well as the one Mr. NOOR sent (Comment #1)
Well said Ahmed KC...
(please watch below video)
Br.Imran Answering About Triple Talaq To A Non Muslim Sister.

NOOR
 - 
Saturday, 24 Sep 2016

MAJHA VISHESH : Aurangabad: Discussion on Ban Muslim Triple Talaq Law
Watch on utube .....

Narenkotian
 - 
Saturday, 24 Sep 2016

One particular community women must be protected from.slavery and compression ...they are being raped in the pretext of religion ...no wonder I found lot of Muslim gals and women in all Hindu mutts like art of living And iskon ..papa brutal suppression... It should end.

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News Network
May 7,2024

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Udupi: Udupi became the second city on the Karnataka coast after Mangaluru to launch water rationing, a senior official said on Tuesday.

Commissioner of the Udupi City Municipal Corporation Rayappa said that the rationing system will come into force from Wednesday and will continue till the water in the reservoir reaches comfortable levels.

The dam built across the Swarna river at a place called Baje, which is the only source of water for Udupi city, recorded 3.25 meters of water as against the top level of 6.30 meters.

The decision of water rationing will be reviewed periodically until the reservoir regains its fullest levels, the official said.

The Mangaluru City Corporation resorted to water rationing on Saturday following declining water levels in the reservoir built across the Nethravati river at Thumbe. 

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News Network
May 4,2024

Mangaluru, May 4: The Mangaluru International Airport was besieged with a harrowing message of terror recently, when an email, purportedly from malevolent elements, menacingly declared the planting of bombs within the airport premises. 

Addressed to the office of the airport authority, the missive, steeped in ominous overtones, bore the ominous signature of a terrorist faction, ominously named 'Terrorizers 111'.

The communication, disseminated in English, ominously detailed the clandestine emplacement of explosives in areas eluding facile detection, accompanied by a chilling warning of their imminent detonation. The threat, ominously looming over not only the infrastructure but also the airborne vessels, portended a catastrophic deluge of bloodshed and loss.

In response to this dire communiqué, airport authorities swiftly engaged the apparatus of law enforcement, dispatching urgent alerts to the vigilant guardians of public safety. Acting upon the dictates of higher echelons, a formal dossier of this menacing correspondence was meticulously compiled, cloaked in the veil of confidentiality to thwart any premature dissemination.

Mangaluru International Airport found itself in grim camaraderie with more than 30 counterparts under the aegis of the Airport Authority of India (AAI) and private domains, all recipients of this chilling electronic diatribe. A comprehensive net of precautionary measures was swiftly cast, fortifying the bastions of security in anticipation of any nefarious designs lurking within the shadows.

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May 4,2024

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Bengaluru: BJP leader Anantkumar Hegde represented Uttara Kannada Lok Sabha segment in Karnataka for six terms and now gynecologist Anjali Nimbalkar is putting up a spirited fight seeking to turn the tide and "deliver" it for the Congress.

Dr Nimbalkar is taking on former Karnataka Assembly Speaker Vishweshwar Hegde Kageri, who replaced Hegde, in this BJP stronghold.

A former Congress MLA, she lost the Assembly elections from Khanapur in Belagavi district last year.

The 62-year-old Kageri, a six-term MLA and a former minister, was also defeated in the Assembly polls from Sirsi.

"In the past 30 years, the voice of Uttara Kannada was not spoken and not even a single question was asked in the Parliament," Nimbalkar said in an apparent dig at Hegde.

If elected, she said her focus is to address the local issues related to forest dwellers, getting them 'patra' for their own land -- a battle they have been fighting for long.

Also on her priority list is getting a multispecialty hospital in Kumta as per people's demand, generating employment and focusing on tourism for the overall development of Uttara Kannada.

"Issues related to forest dwellers -- they want a 'patra' for their own land -- we will try and put forth these issues in the first session itself and we will see to it that maximum applications which are pending with the Central government get cleared during the first session itself," she said in an interview.

"So, our thing is that at least 50 per cent of the jobs should be given to the local Kannadigas in the Central schemes which are implemented in the district," she said.

Noting that Uttara Kannada has a combination of both beaches and temples, Nimbalkar said the district can be developed internationally in a much higher scale than "what actually Goa or Kerala is".

The Congress candidate is also banking on the five guarantee schemes launched by the Siddaramaiah-led government in Karnataka and the promises made by party in its manifesto at the national level.

Responding to a question, she expressed happiness that the Congress has fielded a total of six women candidates out of 28 Lok Sabha constituencies in Karnataka.

While campaigning, Nimbalkar said she was overwhelmed to see a large number of people, especially women, turning up for her rallies despite the intense heat in Uttara Kannada.

"They are very happy that the Congress has given a woman candidate and an educated candidate who herself is a doctor and a gynecologist. So they are excited that, yes, she can be our voice in the Parliament who can fight for our rights," the 47-year-old said.

"I have worked as an MLA (Khanapur), so they have seen my work in the Assembly and the expectations are like, yes, she will be the one who will be speaking for us and that faith is seen in their eyes," she said.

Nimbalkar strongly believes that when women enter any field, it brings a different perspective - be it in terms of management, policy formulation or even as homemakers.

Uttara Kannada is among the 14 constituencies going for polls in Karnataka under second phase on May 7.

Karnataka has 28 Lok Sabha seats and the first phase of polling was held on April 26.

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