Triple talaq hearing: SC says won't deliberate on polygamy issue

May 11, 2017

New Delhi, May 11: A five-judge Constitution bench of Supreme Court on Thursday commenced hearing on a plea that the triple talaq and nikah halala violated Muslim women's rights to equality and dignity.

talaq

As the hearing began, the SC cleared that it would examine whether the practice of triple talaq among Muslims is fundamental to their religion.

“We will also examine whether triple talaq is part of the enforceable fundamental right,” added the SC.

The Constitution bench comprising Chief Justice Jagdish Singh Khehar, Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S Abdul Nazeer are likely to hear the matter for seven days. Interestingly, the members of the bench are from different religious communities including Sikh, Christian, Parsee, Hindu, and Muslim.

The SC, however, said the issue of the practice of polygamy among Muslims may not be part of its deliberations as this aspect is not related to triple talaq.

The apex court made it clear that each side will get two days each for canvassing their arguments on the two questions formulated by the bench and one day will be given for the rebuttal.

The apex court also made it clear that it would stop any counsel who will repeat the arguments.

"Each side can argue whatever they want but there should not be any repetition. They will only focus on the validity of triple talaq," the bench said.

The hearing holds importance as the Allahabad High Court, in its verdict pronounced in the last week of April, had held the practice of triple talaq as unilateral and bad in law.

The High Court verdict had come while dismissing a petition filed by one Aaqil Jamil whose wife had filed a criminal complaint against him alleging that he had tortured her for dowry and when his demands were not met, he gave her triple talaq.

The copy of High Court verdict was made available only on Tuesday.

Influential Muslim organisations like the All India Muslim Personal Law Board (AIMPLB) have opposed court's adjudication of these matters, maintaining these practices stemmed from the Holy Quran and were not justiciable.

The Muslim women who have filed the petitions have challenged the practice of triple talaq in which the husband, quite often, pronounces talaq thrice in one go, sometimes even by phone or text message.

On other hand, nikah halala is a practice intended to curb the incidence of divorce under which a man cannot remarry his former wife without her having to go through the process of marrying someone else, consummating it, getting divorced, observing the separation period called 'Iddat' and then coming back to him again.

On March 27, the AIMPLB had told the apex court that pleas challenging such practices among Muslims were not maintainable as the issues fell outside the realm of judiciary.

The Board had also said the validity of the Mohammedan Law, founded essentially in the Holy Quran and sources based on it, cannot be tested on the particular provisions of the Constitution.

It had said there was a need for "judicial restraint" before going into the constitutional interpretation of these unless such an exercise becomes unavoidable.

The Ministry of Law and Justice, in its affidavit, had referred to constitutional principles like gender equality, secularism, international covenants, religious practices and marital law prevalent in various Islamic countries to drive home the point that the practice of triple talaq and polygamy needed to be adjudicated upon afresh by the apex court.
The Centre had on October 7 last opposed in the Supreme Court the practice of triple talaq, nikah halala, and polygamy among Muslims and favoured a relook on grounds like gender equality and secularism.

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News Network
March 27,2024

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At least seven people have been killed when Israeli warplanes bombed an emergency center in southern Lebanon near the border with the 1948 Israeli-occupied territories with air-to-surface missiles, according to Lebanese security sources.

Two sources, speaking on condition of anonymity said early on Wednesday that the strike targeted the Islamic Group’s emergency and relief center in Lebanon’s southern village of Habbariyeh.

Jamaa Islamiya, a Lebanese group closely linked to the Gaza-based Palestinian resistance movement Hamas, said in a statement that “a number” of people had been killed, and called the strike a “heinous crime.”

An official from the group said “seven rescuers” were killed in the aerial assault.

Another Jamaa Islamiya official, also requesting anonymity, said a dozen medical staff were in the emergency center at the time of the strike, adding that bodies were being pulled from the rubble.

Lebanese lawmaker Hassan Mrad said “the Israeli aggression on Habbariyeh adds to the long list of Israeli crimes.”

Israel has been launching air strikes against Lebanon since the beginning of its onslaught against the Gaza Strip in early October.

An Israeli strike knocked down part of a building in the southern Lebanese city of Nabatiyeh on February 14, killing seven members of the same family, including a child, Lebanon’s official National News Agency said. A boy initially reported missing was found alive under the rubble.

In a separate Israeli attack, a woman and her two children were killed in the village of as-Sawana in southern Lebanon.

The Israeli regime launched its devastating hostilities in the Gaza Strip on October 7 after the territory’s Hamas-led Palestinian resistance groups carried out a surprise retaliatory attack, dubbed Operation Al-Aqsa Storm, against the occupying entity.

Israel's raids have resulted in retaliatory strikes from Hezbollah in support of the Palestinian people in the Gaza Strip.

The movement has vowed to keep up its retaliatory operations as long as the Tel Aviv regime continues its onslaught on Gaza.

The Israeli campaign in Gaza has killed at least 32,414 people, most of them women and children. Another 74,787 individuals have also been wounded.

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News Network
March 17,2024

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Bengaluru: The Vokkaliga heartland of the old Mysuru region consisting of several southern districts will be the testing ground for the recently forged BJP-JD(S) alliance in Karnataka in the Lok Sabha polls.

The ruling Congress will now look to consolidate its gains that it made in the assembly elections in May last year when it made inroads into the strongholds of the regional party headed by former Prime Minister H D Deve Gowda in these districts.

In the 2019 Pariamentary elections, the Congress and JD(S) fought together but secured only one seat each in the state. The BJP bagged 25 out of the total 28 Lok Sabha seats.

The Congress and JD(S) win, in fact, came in the old Mysuru region -- Bangalore Rural and Hassan, respectively, while Mandya seat went to an independent backed by the BJP.

This time, the JD(S) has an alliance with BJP. According to sources, the JD(S) is likely to be alloted Hassan, Mandya and Kolar seats in the region, from where Deve Gowda's party draws its strength from in Karnataka.

The JD(S) is now looking to bounce back after the drubbing it received in the May assembly polls.

The Congress and JD(S) are considered to be traditional rivals in the region, where the BJP has also been improving its vote-share.

The BJP-JD(S) alliance hopes to counter the Congress' surge in the region, determined to consolidate Vokkaliga votes in their favour and banking on the Modi charisma. Both parties also hope to gain from each other with this alliance.

The Congress is hoping to further its prospects and continue its dominance in the region, with the help of its strong local leadership and riding on its five guarantee schemes.

Both Chief Minister Siddaramaiah and Congress state President D K Shivakumar, who is also the Deputy Chief Minister come from this region, and so does JD(S) patriarch Deve Gowda and his son H D Kumaraswamy, a former CM and that party's state President.

According to a political analyst, 'coordination among local leaders and transfer of votes between the parties are going to be key for the BJP-JD(S) alliance to click.' Lack of trust between sizeable workers and leaders of both parties on the ground had proved to be counterproductive for Congress and JD(S) combine in the 2019 Lok Sabha polls, resulting in their rout and helping the BJP.

Both Congress and BJP have announced candidates for some seats in the region for the 2024 polls.

The Congress has re-nominated D K Suresh, brother of Shivakumar, from Bangalore Rural.

Interestingly, the BJP has fielded the scion of the erstwhile Mysuru royal family Yaduveer Krishnadatta Chamaraja Wadiyar from Mysore and noted cardiac surgeon and Deve Gowda's son-in-law, Dr C N Manjunath, from Bangalore Rural.

In Karnataka, the Lok Sabha elections will be held in two phases on April 26 and May 7.

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News Network
March 28,2024

An Indian expatriate, hailing from Dakshina Kannada district in Karnataka, who was detained in Jeddah jail in an alleged cyber case, was set free recently. He is allowed to continue his work in the same company. 

The 49-year-old Mangalurean, has been working for a Maintenance company in Jeddah for more than 13 years. He is known for his efficiency and sincerity in the company with good experience in his field of work. 

His company usually assigned him on duty in Jeddah sea port to take the delivery of the goods consigned to his company. As a part of his duty, he normally takes pictures of the goods before the transportation. He did the same in February 2023 too. 

The security personnel informed the police about his act that amounts to be a violation of the port security rule. He was unaware of the rule as he was doing it normally in the port during the release of the goods. Since then, he was detained by the police on the charge of photographing inside the port premises. After more than 6 months detention, he was released and allowed to work in the same company. 

The detainee’s brother based in Jeddah was constantly pursuing the case.

P A Hameed Padubidri, a pro-bono NRI lawyer and social worker based in Riyadh, extended his socio-humanitarian help in this case upon the request of his family and relatives. 

He actively involved trying to set him free from the jail on humanitarian grounds with the coordination and help of the Consulate General of India (CGI) Jeddah. The CGI keenly followed up the case with the concerned Saudi authorities. He was released from the jail recently and shared his happiness with his family and thanked good samaritans. 

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