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 10,2024

Mangaluru: A teenage boy from a remote village in Dakshina Kannada district, who was undergoing treatment for stomach pain for past few days, breathed his last after hospitalization. 

The deceased has been identified as Nithin Kumar, 19, who had completed PUC and was attending computer classes. 

According to police, on May 4, when he informed his family that he had been suffering from a stomach-ache for the past 4-5 days, his family members took him to a clinic in Kaniyoor.

The doctors who examined him advised him to undergo scanning. He was informed about a kidney stone and later, they returned home. That same night, he suffered from stomach-ache again and was rushed to a private hospital in Puttur.

On May 7, as per doctors’ advice, he was discharged around 12:45pm. However, when he came home around 2:30pm, he again suffered from stomach-ache and was taken to another private hospital in Puttur, where doctors conducted a surgery.

On Wednesday, as per doctors’ advice, he was asked to be shifted to Mangaluru for better treatment.

He visited a private hospital in Derakatte, where doctors suggested that he be shifted to government Wenlock Hospital.

The doctors who examined him at the Wenlock Hospital declared him dead. A case has been registered at the Bellare police station, and an investigation is on.

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News Network
May 2,2024

hajjmangalore.jpg

Mangaluru: This year too, the Mangaluru International Airport has missed being designated as an embarkation point for the annual hajj pilgrimage. 

According to the Haj Committee of India, not many are choosing Mangaluru as an embarkation point. Last year, although Mangaluru was notified as one of the embarkation points, the Union government removed it from the list at the last minute.

Several associations and organisations submitted memorandums to the Haj Committee of India, requesting the reinstatement of Mangaluru as one of the embarkation points, but their efforts have not materialised this year either.

The use of Mangaluru Airport as an embarkation point for the haj began in 2010. In 2019, 1,400 haj pilgrims flew from MIA to Saudi Arabia.

“When the number is less, it is difficult to consider it. It was the same issue as last year,” reacted AP Abdullakutty, chairman of the Haj Committee of India.
Mangaluru as an embarkation point served people from undivided Dakshina Kannada, Kodagu, Shivamogga, Uttara Kannada, and Chikkamagaluru districts.
Last year, the Muslim Central Committee of Dakshina Kannada and Udupi districts submitted a memorandum to Abdullakutty. They expressed their disappointment with Abdullakutty and stated that Mangaluru had a good number of applicants ever since it was identified as an embarkation point. 
Now, they have to travel to Bengaluru. 

UT Khader, speaker of the Karnataka legislative assembly, pointed out that several Union ministries are involved in the process of designating embarkation points for the haj.

“We are not sure why MIA as an embarkation point was removed. Is it because of fewer applications, or are airlines not willing to bid for MIA as an embarkation point? Is it only an issue with MIA as an embarkation point, or are there other airports in the country facing similar issues? We will try to find out and seek answers. Meanwhile, we will also start working at the earliest so that MIA is considered as an embarkation point for hajj next year,” said Khader.

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News Network
May 7,2024

Mangaluru: Former MLC Ivan D’Souza on Monday led a delegation to the Passport Seva Kendra in Mangaluru, urging the authorities to provide basic facilities for applicants. D’Souza addressed the media, highlighting the lack of essential amenities at the Mangaluru PSK. “I have requested the authorities to provide basic facilities for people visiting the PSK.

There are no chairs for the convenience of people who arrive at the PSK. They are forced to sit or stand by the side of the road or on footpaths. Additionally, there is no parking facility, no washrooms, and water has not been provided for the public,” the Congress leader stated.

An average of 500 to 600 people from various parts of the state visit the PSK. They have to wait in the scorching heat of the sun, D’Souza mentioned, urging the govt to address these issues promptly. “Officials have agreed to find solutions to the problems faced by the people. Meanwhile, we have also demanded that the PSK be relocated to a more convenient space. We have suggested that the PSK could be moved to the old DC’s office, where there is sufficient space. If our demands are not met, we will hold a protest,” D’Souza explained.

Ashraf Kinara, vice-president of the Dakshina Kannada Waqf Advisory Committee, echoed the sentiment, stating that the authorities should either provide all basic facilities for passport applicants at the PSK or relocate the centre to a better location.

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