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.

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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 12,2024

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Mangaluru: A native of Kerala was arrested on charge of misbehaving with crew on an Air India Express flight while travelling from Dubai to Mangaluru International Airport. The man even threatened to jump from the aircraft, according to officials. 

Siddartha Das, the security coordinator for Air India Express, lodged a complaint against the passenger, identified as Muhammad BC from Kannur, Kerala, after which he was caught by the airport security once the flight landed at Mangaluru. He was later handed over to the police.

DCP (Law and Order) Sidharth Goyal said the incident occurred on Flight IX814 on May 8.

When the flight was above the sea, Muhammad reportedly said he wanted to get off the plane, posing a threat to all on board. The unruly flyer was detained by airport security once the flight landed at Mangaluru International Airport and he was handed over to Bajpe police station officials.

Sources added once the flight took off from Dubai, the accused went to the lavatory and thereafter started inquiring with the cabin crew about a person named Krishna who was not on the flight. Muhammad kept on pressing the bell for in-flight assistance, even though the cabin crew members were near at hand. He then picked up a life jacket, gave it to a crew member, and said he wanted to use it upon landing.

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News Network
May 3,2024

Bengaluru: In a fresh development in the alleged Hassan sex abuse case, JD(S) MLA H D Revanna, who was accused of sexually harassing his house help, has been booked for kidnapping a victim allegedly sexually assaulted by his son, Hassan MP Prajwal Revanna. The case was filed late Thursday evening at the KR Nagar police station in Mysuru.

The 20-year-old complainant from KR Nagara accused one Sathish Babanna of taking his mother away forcibly and keeping her in an unknown location at the behest of Revanna.

As per the FIR, Revanna has been named as accused 1 while Babanna was accused 2. The duo were booked under IPC Sections 364A (kidnapping for ransom), 365 (kidnapping or abducting with intent secretly and wrongfully to confine a person) and 34 (acts done by several persons in furtherance of common intention).

The complainant claimed that his mother, whose name and age were not revealed, had worked as a help in Revanna’s house and farm in Holenarasipura for six years, quit the job three years ago and returned to KR Nagara. She then worked for daily wages.

“Nearly three to four days before the Lok Sabha election, Sathish Babanna, who is known to us and hailed from our native place, took my mother to Holenarasipura after saying that Bhavani Revanna, the wife of MLA Revanna, had asked for her,” the complainant alleged, adding that Babanna dropped her back on the day of the polls.

Babanna allegedly told the victim’s mother and father to remain silent and evade the police if they came looking for them and to inform him of the developments.

On April 29, at around 9 pm, when the complainant was home, the suspect Babanna arrived, told the complainant’s mother that Revanna had asked for her and took her away on his motorcycle. The complainant claimed that he wasn’t aware of where Babanna took his mother and he had told him that if the police found her, a case would be registered and they would all go to jail.

On May 1, two of the complainant’s relatives called him on the phone and told him that there was a video of his mother being sexually assaulted by Prajwal and that it was a huge case, the FIR noted. He was also informed by his two friends of his "mother's videos being circulated".

When he asked Babanna later that night, he was allegedly told that there was a photo of his mother standing with a stick when Prajwal had quarrelled with someone earlier and an FIR had been registered. Babanna told the complainant that his mother would have to be released on bail, the FIR noted.

“Babanna told me not to speak on the matter on my phone and asked me to talk from a different phone,” he said, seeking action from the police.

The case has been transferred to the Special Investigation Team (SIT) set up to probe the Hassan sex scandal as per the government order.

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News Network
May 12,2024

hajabba.jpg

Mangaluru: Dakshina Kannada Zilla Panchayat High School in Harekala, popularly known as Padma Shri awardee Harekala Hajabba’s school, is gearing up to inaugurate its first batch of Pre-University (PU) courses starting June 1. 

The government issued an order to elevate the school established by Padma Shri awardee Harekala Hajabba to the status of a PU College a few months ago.

The School Education and Literacy Department (PU Education) has formally sanctioned the upgrade for the school.

CD Jayanna, the deputy director of PU Education, confirmed that all necessary approvals have been obtained from the government to initiate PU classes.

“Hajabba’s school will kick off PU classes for its inaugural batch on June 1. We have appointed a senior lecturer as the interim principal for the PU college. Presently, the school possesses the essential temporary infrastructure to begin the I PU batch. Plans are underway to enhance the infrastructure for the PU college in the future. Currently, the school boasts adequate classrooms and facilities to commence PU classes,” stated Jayanna.

Harekala Hajabba, an orange vendor, personally erected the school in his native village, New Padpu in Harekala, situated approximately 35 km from Mangaluru. For several years, he has tirelessly petitioned the government for the establishment of a PU college.

Expressing his gratitude, Hajabba mentioned that 19 students who recently completed their SSLC examinations are poised to enroll in the new PU college. He added, “We anticipate enrollment from neighboring villages as well. Both the interim principal and the PU education department have been diligently orchestrating the necessary arrangements to initiate classes.” 

He extended his appreciation to the government, local representatives, and officials for their unwavering support.

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