Triple talaq unconstitutional, violates rights of Muslim women: Allahabad HC

December 8, 2016

New Delhi, Dec 8: The Allahabad High Court on Thursday said that the practice of triple talaq among Muslims is unconstitutional and it violates the rights of women. The high court said that no personal law board is above the Constitution. It said, “Triple talaq is unconstitutional, it violates the rights of Muslim women. No personal law board is above the Constitution.”

Triple
Several political parties reacted to the High Court's say, with both the BJP and the Congress hailing the court's observation. Muslim Law board, AIMPLB, said that its legal committee will study the verdict and observation after which it will file its appeal against the said verdict. Appreciating the court's say, social activist Zakiya Soman said, “I welcome the verdict of Allahabad HC, its true that triple talaq is not constitutional and it must be abolished.”

The triple talaq refers to pronouncement of the wordtalaq' thrice in one go by Muslim men to divorce their wives.

Earlier this week, Islamic organisation Jamiat Ulema-i-Hind told the Supreme Court there is no scope for interference with the Muslim Personal Law in which triple talaq is deeply rooted. In the argument that it forwarded, the Jamiat stated that the Muslim Personal Law has an element of certainty and is not local or regional in operation.

“There is no scope for interference with the Muslim Personal Law, which is based on primarily the Holy Quran and the Sunnah of Prophet Muhammad, explained and applied by various scholars of great antiquity and authority after thorough research,” it said. “The protection of peculiarities in personal laws is necessary for securing freedom of religion and bringing uniformity by removing those peculiarities shall be enforcement of Uniform Civil Code by the judicial process, which shall be against the constitutional bar,” it said.

In November, the All India Muslim Personal Law Board (AIMPLB) decided to form a women's wing to discuss the issues of talaq, among several others. AIMPLB passed a resolution in favour of triple talaq. The resolution passed at the AIMPLB's three-day convention stated that the government was infringing into the personal laws of Muslims.

Comments

Mohammad.n
 - 
Saturday, 10 Dec 2016

I dont know what is coastaldigest editor doing when such useless and hatred comments are piblished online to be seen by the world. If you have prestige just maintain your ethics. Worst place to read news. Better i will switch to newspapers where i can read and close the paper instrad of spoiling my brain here.

Naren kotian
 - 
Thursday, 8 Dec 2016

Haha look at frustration among Muslim guys here ...looks like they are worried as their women will run to court to ask for compensation ...ishtu dina kabbaddi aadiddo adiddu ...convert agirorige banni 4 sigathe mele 72 bere kaadide antha aase huttisi convert maadko ta idru ...their worry is well known ...in coming days cashless transaction will increase and this community mainly dependent on cash based mechanism ..it has it hard and it will be having devastating affect ...matter irode illi ...tax kattade ...sikthu chance antha 3 -4 madwe agi kabbaddi aadtha idru ...adakku hodetha barjari agi biddide mundhe innu joragi bilatte ...if this law is enacted ...they cannot marry so easily ...modle avara community nalli gals sankhye jaasthi ...dowry bere ...moreover their women are getting educated day by day and they are coming in contact with non Muslims ...so ivara bhaya irodu ille....women bere dharmada yuvakara kade kade attract agi hogthare....complete Islam madakke kashta Agathe ...population na pump madodakke iro motor the inner circuit ye kottu hogarhe ...hahahaha ....ene aagli burnol and itch guard sales jaasthi agodralli sandeha ne illa ....one guy commenting about daliths here ..swamy ..neevu saabi ne ...Arab milk shake galu saabi ne. but Arab race ge priority jaasthi ..non Arabs second class yaake ...Arab boys ...

Adu bidi swamy ..if a Hindu gets converted to Islam. Yaava sub sect ge antha seriskoteera ? Simple question ...if that neo convert Hindu decides to marry ...henge babes na allot maadtheera .,even if he is highly educated and believe in Islam ..yaaru hennu kodalla first question barode hanafi sanafi salafi..kulfi..wahabi na antha able hadees antha na ..or deendaar antha na ..free from shirq and bidth idana antja ..jaathiyathe yella dharma dallu ide ...for us India first ...religion next ...

VIJAYA KUMAR
 - 
Thursday, 8 Dec 2016

@Pedo...you are spot on..

Rikaz
 - 
Thursday, 8 Dec 2016

Court took this step because they can make good business out of it....then every client will go to court to fight for divorce.....I am not saying that the system triple talak at one time is right...that is very bad....as per Islam that should be done on step by step basis at 3 occasions....not at one time pronouncing 3 talaqs.....

Rikaz
 - 
Thursday, 8 Dec 2016

Now its courts job to join Modi with his wife....

Kaizer
 - 
Thursday, 8 Dec 2016

If that is unconstitutional then why not daliths are as chief of temples , why only one category of Hindus are appointed as archaks.

Skazi
 - 
Thursday, 8 Dec 2016

@ Kannadiga.... can we hear from u what the Quran says about Talaq .....Thanks ....

Kannadiga
 - 
Thursday, 8 Dec 2016

As a human being we must respect HOLY QURAN and to its principle and policy. no one has a right to go against it or to tamper it's policy.
100% it is the book from the Creator / God not written by any human being.
Now about the INDIAN constitution , it is the fundamental right of every INDIAN citizen to respect and follow. But the opinion taker, judge is playing with the constitution is very unfortunate, before talking any thing against Quran and its contents he must think very deeply study thoroughly. Else the consequence will effect badly on whole country.

Judge is not superior than any such holy book.
Followers may plenty be with different mind set, which we cannot compare with holy book.
Jai Hind !

shaji
 - 
Thursday, 8 Dec 2016

This verdict is incorrect. Court can not favor hand count females and neglect 99.9 percent of Muslim women. these so called moderate muslim women are either married to non muslim men or gf of non muslims. They have no knowledge of islam and dont know abc of sharia. These modern name sake muslim women are not forced by any one to follow sharia and be Muslims. They are free to switch to another belief. However, they have no right to interfere in the shariat law which can never be changed. Modesty is priority in Islam. Do these women will also fight for nudity as in western countries. They are free to adopt western life and have free life living with anyone they wish. As they are not respecting Talaq issue as per shariat, they should not marry to muslim men. also, they should not wear quarter hijab. These so called moderate ladies are lured by sangh parivar and they feel shame to call themselves as muslims.

Ansari
 - 
Thursday, 8 Dec 2016

Triple TALAQ is not one shot go ....it has certain period to say 3 Talaq's and its better than other man made religious laws .

its GOD's law and he will protect through Men or group of men if tried to interfere ....

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News Network
May 11,2024

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Karnataka: BJP leader and advocate G Devaraje Gowda was arrested in connection with a sex abuse video allegedly belonging to Hassan JD(S) MP Prajwal Revanna.

According to police, Devaraje Gowda was arrested at Gulihal tollgate by the Hiriyur police in this district on Friday night for leaking the video in a pen drive.

He was arrested on a tip-off received by the Hassan police, which wanted his presence for the case.

Several explicit videos involving Prajwal started making the rounds ahead of the first phase of Lok Sabha elections in Karnataka, which took place on April 26.

The MP, a grandson of former prime minister H D Deve Gowda, is absconding and a 'blue corner' notice has been issued against him by Interpol.

Three FIRs, including charges of rape, molestation, intimidation, blackmailing and threatening, have been registered against Prajwal.

Devaraje Gowda is accused of leaking these videos, which he has categorically rejected.

He contested in the 2023 Assembly elections against JD(S) MLA from Holenarasipura H D Revanna.

H D Revanna, father of Prajwal, is at present in jail on charges of kidnapping a woman, a mother of three.

Ahead of polls, Devaraje Gowda had warned BJP’s central leadership against backing Prajwal Revanna and brought his sex scandal to light.

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News Network
May 7,2024

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Israeli military aircraft have heavily bombed the city of Rafah in the southern Gaza Strip accompanied with ground advances shortly after the Palestinian resistance movement Hamas said it had agreed to a proposal on ceasefire in Gaza.

A Palestinian journalist reported flares in the night sky, while locals said dozens of reconnaissance drones flew overhead.

The official Palestinian news agency Wafa and Egyptian media said Israeli military vehicles advanced towards the Palestinian side of the Rafah crossing with Egypt, as well as the Karem Shalom crossing with the Israeli-occupied territories.

A Palestinian security official and an Egyptian authority have told the Associated Press news agency that Israeli tanks have entered Rafah, reaching as close as 200 meters from Rafah’s border crossing with neighboring Egypt.

The Israeli military has said it was conducting “targeted strikes” against Hamas in eastern Rafah.

Israeli prime minister Benjamin Netanyahu's office has also said "Israel is continuing the operation in Rafah to exert military pressure on Hamas" in order to advance the release of captives and what it called "the other objectives of the war."

In the meantime, it described the proposal on ceasefire as "far from Israel's essential demands," but added that it would send negotiators for talks "to exhaust the potential for arriving at an agreement."

The military strikes on Rafah came ahead of talks in Egypt on Tuesday aimed at sealing a truce proposal accepted by Hamas, which was put forward by Qatari and Egyptian mediators. 

According to a copy of the proposal, there will be three phases to ending Israel’s onslaught against Gaza.

The first phase calls for a complete withdrawal of Israeli troops from the Netzarim corridor and the return of displaced Palestinians to their homes. The second phase involves an announcement of a permanent cessation of military operations. In the last phase, there would be a complete end to the blockade of the Gaza Strip. 

In return, Israel would be required to release an unspecified number of Palestinian prisoners, withdraw its troops from certain regions of the Gaza Strip, and allow Palestinians to travel from the south of the coastal sliver to the north.

About 1.5 million Palestinians are sheltering in Rafah, once designated a “safe zone” by the Israeli military. Palestinians are now struggling to evacuate the city, after the Israeli military dropped leaflets ordering them to leave as a large-scale assault on the city is planned.

UN Secretary General Antonio Guterres has said that a ground invasion of Rafah would be “intolerable” and called on Israel and Hamas “to go an extra mile” to reach a truce deal.

“This is an opportunity that cannot be missed, and a ground invasion in Rafah would be intolerable because of its devastating humanitarian consequences, and because of its destabilizing impact in the region,” Guterres told reporters on Monday ahead of a meeting with Italian President Sergio Mattarella in New York.

Jordanian Foreign Minister Ayman Safadi has also warned that Israel is “jeopardizing the deal by bombing Rafah.”

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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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