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 17,2024

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Bengaluru: The India Meteorological Department (IMD) on Friday forecast heavy rainfall and thunderstorms in a few districts of Karnataka and said Bengaluru is likely to witness light to moderate rain and thunderstorms, with temperatures ranging from 30 degree Celsius to 22 degree Celsius in the next 24 hours.

Shivamogga, Chikkamagaluru, Kodagu, Hassan, Mysuru, Mandya, Chamrajanagara, Udupi and Dakshina Kannada districts are likely to experience heavy to very heavy rainfalls between May 17 and 21, said C S Patil, Director of Meteorological Centre, India Meteorological Department, Bengaluru.

According to India Meteorological Department, some places in Kodagu, Hassan, Mysuru, Mandya and Tumukuru districts will also witness, gusty winds (40-50 kmph) on May 18.

Moderate rain and thundershowers are also likely in Chikkaballapura, Chitradurga, Davangere, Kolar, Ramanagara and Vijayanagara districts.

IMD also predicts light to moderate rain very likely at some places over Bagalkote, Belagavi, Bidar, Dharwad, Gadag, Haveri, Kalaburgi, Koppal, Raichur and Yadgir districts.

On May 16, Channagiri in Davanagere district received the highest rainfall of 6 cm. 

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News Network
May 8,2024

Mangaluru: The Mangaluru North police have apprehended a minor in connection with alleged voyeurism incident reported in a private medical college in Mangaluru. 

DCP (Law and order) Sidharth Goyal said that the minor was produced before JJ Board as per due procedure. The incident came to light when a mobile phone was found in women's washroom in the college. 

The mobile-phone was discovered as it was ringing even when no one was in the toilet by the security guard of the college. 

Investigations revealed that the mobile phone had been strategically placed in the restroom. As a result, a case has been registered under north police station.

Further scrutiny into the matter uncovered the identity of the accused, a minor male aged 17, who had gained access to the college premises under the guise of being a patient. Following his apprehension, the accused was presented before the Juvenile Justice (JJ) Board in adherence to legal protocols.

The phone has been seized and a case has been booked under IPC section 354 (C), said the DCP.

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News Network
May 8,2024

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Mangaluru, May 8: The health officials in Dakshina Kannada are concerned over the increase in dengue cases in the rural areas of the district. They've seen 108 cases since January, compared to 45 last year. 

Dr. Naveen Chandra Kulal, who works on controlling diseases spread by insects, says humidity makes mosquitoes breed more.

People storing water in pots and drums during summer also make more mosquitoes, he added. 

In Lingappayyakadu village near Mulky, a survey found people store lots of water because they don't have regular drinking water. Dr. Kulal says this water becomes a place for mosquitoes to breed if containers aren't closed properly.

Dengue cases are also rising in Bengaluru, Mysuru, and other districts, he said. Even though there haven't been big groups of dengue cases in Dakshina Kannada yet, the health department is trying hard to stop it from spreading. They're doing things like teaching people how to prevent dengue and getting rid of places where mosquitoes can breed.

So far this year, Dakshina Kannada district has only had 16 cases of malaria. Dr. Kulal says many of these cases were among workers who came from other states to work on building sites.

Dr. Thimmaiah HR, who works for the health department, says if people have a fever, they should go to the nearest clinic or hospital. He also says they should get tested if they have symptoms of dengue or malaria and be careful about the hot weather.

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