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
April 24,2024

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Campaigning for 14 Lok Sabha seats in Karnataka going to polls in the first phase on April 26 will come to an end on Wednesday evening.

A total of 247 candidates -- 226 men and 21 women -- are in the fray for this round of voting in most of the southern and coastal districts.

It is a straight electoral contest between the ruling Congress and the BJP-Janata Dal (Secular) combine in the State.

While the Congress is contesting in all 14 seats, BJP has fielded nominees in 11, and its alliance partner JD(S) in three -- Hassan, Mandya and Kolar.

Besides the three, the segments where elections will be held on Friday are: Udupi-Chikmagalur, Dakshina Kannada, Chitradurga, Tumkur, Mysore, Chamarajanagar, Bangalore Rural, Bangalore North, Bangalore Central, Bangalore South and Chikkballapur.

The intense campaigning for the past about a month saw Prime Minister Narendra Modi and Home Minister Amit Shah leading from the front for the BJP, holding rallies and roadshows. BJP President J P Nadda, some Union Ministers and Goa Chief Minister Pramod Sawant too pitched in.

Veteran BJP leader and former Chief Minister B S Yediyurappa and the party's state president B Y Vijayendra also campaigned extensively.

Congress president M Mallikarjun Kharge, senior leaders Rahul Gandhi and Priyanka Gandhi, Chief Minister Siddaramaiah and Deputy Chief Minister D K Shivakumar and Telangana Chief Minister A Revanth Reddy were among the prominent names who led the charge for the party.

And for the JD(S), it was the 90-year-old party patriarch and former Prime Minister H D Deve Gowda and former Chief Minister H D Kumaraswamy, who led the campaign.

Chikkaballapur has a maximum number of 29 candidates, followed by 24 in Bangalore Central and Dakshina Kannada has the least number - nine.

Kumaraswamy from Mandya, his brother-in-law and noted cardiologist C N Manjunath from Bangalore Rural on a BJP ticket, erstwhile Mysuru royal family scion Yaduveer Krishnadatta Chamaraja Wadiyar from Mysore, also from the BJP, and state Congress President Shivakumar's brother and MP D K Suresh from Bangalore Rural, are among the prominent candidates in the fray in the first phase.

The state has a total of 28 Lok Sabha segments. The remaining 14 constituencies, mostly in the northern districts, will go to polls on May seven.

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News Network
May 5,2024

Karwar, May 5: What commenced as a mere exchange of words between spouses swiftly transmuted into a calamitous ordeal, resulting in the heartbreaking loss of their innocent offspring. The heart-wrenching incident unfolded in the serene confines of Halamaddy village in the picturesque expanse of Dandeli, nestled within the idyllic expanse of Uttara Kannada district.

In the throes of a fervent dispute with her spouse, the aggrieved wife, succumbing to an overwhelming surge of emotions, callously propelled their tender six-year-old progeny into the somber depths of a nearby canal, thereafter alerting the local populace to her grievous act.

Promptly apprised of the distressing occurrence by concerned bystanders, the authorities were swiftly summoned to the scene to confront the harrowing aftermath.

Responding to the distress call, the diligent officers of Dandeli rural police swiftly converged upon the site where the innocent child had been cast into the unforgiving waters of the canal, subsequently effecting the retrieval of the child's lifeless form. 

Regrettably, it was discerned that a portion of the child's remains had been tragically claimed by the lurking jaws of a predatory crocodile.

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News Network
April 23,2024

nehalove.jpg

Hubballi, Apr 23: Karnataka Chief Minister Siddaramaiah on Tuesday spoke to father of slain student Neha Hiremath over phone and said "sorry" over his daughter's killing, and assured that "we will be on your side".

The Chief Minister also informed Niranjan Hiremath, who is also a Congress councillor of Hubballi-Dharwad Municipal Corporation, about the government's decision to hand over the murder case to the Criminal Investigation Department (CID) and setting up a special court to fast-track trial.

"Niranjan... very sorry. We will be on your side," Siddaramaiah told Hiremath over the phone call during state's Law and Parliamentary Affairs Minister H K Patil's visit to Hiremath's house here.

In the conversation on Patil's phone with speakers on, Siddaramaiah can be heard informing Hiremath about the CID probe and setting up a special court.

"It is a serious offence... setting up a special court will ensure punishment for the accused person."

Hiremath thanked Siddaramaiah on behalf of his family well-wishers and the community for handing over the case to CID and setting up a special court "...ensure there is an order at the earliest and provide us justice," he said, as he also thanked Patil, Home Minister G Parameshwara, local Congress MLA Prasad Abbayya and others for their support.

Replying to this, Siddaramaiah said, "We will ensure it, at the earliest."

In a shocking incident, Neha Hiremath (23), was stabbed to death on the campus of BVB College last Thursday. The accused Fayaz Khondunaik, who fled from the scene, was arrested by the police subsequently.

Neha was a first year Master of Computer Application (MCA) student and Fayaz was earlier her classmate.

Siddaramaih on Monday had announced his government has decided to hand over the investigation into the incident to the Crime Investigation Department, and to set up a special court for speedy disposal of the case.

The case of brutal murder, which sparked widespread outrage, has snowballed into a political slugfest between ruling Congress and opposition BJP.

While the ruling party has tried to project it as an incident with personal angle, the saffron party has called it a "love jihad" case and has said it's a testimony of deterioration of law and order in the state.

Earlier, Siddarmaiah's statement that the murder was due to "personal reasons" and Home Minister G Parameshwara's comments that the duo was in love, has elicited sharp reactions from Hiremath and family members and opposition parties.

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