Triple Talaq and Polygamy Case in the Supreme Court

[Malcolm Merlyn]

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The All India Muslim Personal Law Board, defending the validity of triple talaq before the Supreme Court, has said that if the practice is discontinued, a man could murder or burn his wife alive to get rid of her.

“If there develops serious discord between the couple, and the husband does not at all want to live with her, legal compulsions of time-consuming separation proceedings and expenses may deter him from taking the legal course. In such instances, he may resort to illegal, criminal ways of murdering or burning her alive,” stated the AIMPLB’s affidavit, submitted in court Friday.

The board also said that divorce proceedings instead of triple talaq could damage a woman’s chances of re-marriage if the husband indicts her of loose character in court.

“Granting a husband the right to divorce indirectly provides security to the wife. Marriage is a contract in which both parties are not physically equal. Male is stronger and female weaker sex. Man is not dependent on woman for his protection. On the contrary, she needs him for her defence,” stated the affidavit, adding that triple talaq wards off the possibility of a rise in murders of women whose husbands want to divorce them.

The AIMPLB asked the Supreme Court to keep its hands off the issue, saying that principles of marriage, talaq and polygamy are interwoven with religious and cultural rights of Muslims, which cannot be touched upon by any court on the ground of violation of fundamental rights.

“Personal laws of a community cannot be rewritten in the name of social reform,” said the affidavit, settled by senior advocates Yusuf Hatim Muchhala and Huzefa A Ahmadi. It also asserted that Article 44, which envisaged a Uniform Civil Code, was only a Directive Principle of State Policy, but was not enforceable.

Advocating polygamy, the AIMPLB said that polygamy was a “social need” and a “blessing” for women because “an unlawful mistress is more harmful for social fabric than a lawful second wife”. The affidavit argued that the death rate of men was higher since it was mostly men who died in accidents, and since women outnumbered men, not permitting polygamy would force women “into leading a spinster’s life”.

“Polygamy ensures sexual purity and chastity and whenever polygamy has been banned, it emerges from history that illicit sex has raised its head,” stated the affidavit. It added that if polygamy is not allowed, a man would divorce an ailing wife, or he might have an extra-marital relationship.

“In all above instances, polygamy is a blessing, not a curse for women… polygamy is the solution to the problem of divorced women and widows. Women should appreciate this point that if the ratio of women is higher, would they prefer wedlock for fellow women, or let them be illicit mistresses of men, without any of the rights which a wife gets,” said the AIMPLB, citing some surveys to claim that Muslims have the lowest rate of polygamy in India.

It also blamed “communal” organisations for running a propaganda regarding prevalence of polygamy among Muslims to instil fear in the majority community.

The affidavit called it “rather strange” that a law that recognises live-in relationships without marriage worthy of protection should frown upon a relationship which is formalised by the sanctity of marriage.

The board claimed that Muslim Personal Law, based on the Quran, adequately provided for the rights of Muslim women and formed part of the issue of freedom of conscience and free profession, practice and propagation of religion guaranteed under Article 25 and 26 read with Article 29 of the Constitution of India.

It stated that although pronouncement of triple talaq in one go was “undesirable and irregular”, various Islamic jurists and religious scholars have unanimously agreed that the effect of triple talaq in one go was that it effectively terminated the marriage. Also, even if divorce was pronounced irregularly without any valid reason, the affidavit said, it would still result in termination of marriage.

The AIMPLB sought dismissal of a PIL by a Muslim woman, who has challenged the validity of instantaneous and unilateral pronouncement of triple talaq, apart from a ban on polygamy. It is on her petition that the board was asked by a bench, led by Chief Justice T S Thakur, to submit its response.

http://indianexpress.com/article/india/india-news-india/triple-talaq-islam-muslim-law-board-supreme-court-prevents-killing-wife-divorce-3010683/

 

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NEW DELHI: Sharia has granted the triple talaq mode of oral divorce+ to husbands because men are better at controlling emotions and, therefore, unlikely to take impulsive decisions, All India Muslim Personal Law Board (AIMPLB) has said.

"Sharia grants right to divorce to husbands because men have greater power of decision making. They are more likely to control emotions and not take hasty decisions," the board said in its affidavit filed in the Supreme Court in response to petitions from Shayara Banu and other Muslim women+ who have urged the apex court to declare triple talaq unconstitutional.

While asserting that triple talaq was part of Islamic religious practice protected by fundamental right to religion+ and that the SC was barred from adjudicating its validity, the AIMPLB also launched into a vigorous defence of polygamy and said the practice, which allows a Muslim man to have four wives, was necessary to curb illicit sex and was meant to protect women.

The 68-page affidavit argued that the court's concern for protection of Muslim women from alleged arbitrary divorce was erroneous as their rights were protected by Muslim Women (Protection of Rights on Divorce) Act, 1986, which was enacted by the Rajiv Gandhi government to annul the SC's Shah Bano judgment in 1985.

Defending triple talaq rights given to Muslim men, the board said the practice provided an easy mode to end marriages that had irretrievably broken down. It said keeping the husband and wife together when the husband did not want the woman made the husband and his family inflict mental and physical torture on the woman.

Defending triple talaq in an affidavit filed in the Supreme Court, the All India Muslim Personal Law Board has said it is a very private method of divorce without going to court and making public the differences between the couple and then awaiting a long process for the outcome. Court proceedings and trading of charges by the couple harmed the reputation of the woman more than that of the man, it said.

It said in the western world, as a result of gender parity and securing divorce through courts alone, the divorce rate had shot up.

Through advocate Ejaz Maqbool, the board said it was a misconception that Muslim men enjoyed unilateral and unbridled power to divorce.

"A Muslim man can delegate his power of pronouncing talaq to his wife or to any other person. However, such delegation does not deprive the husband of his own right to pronounce talaq. A Muslim husband may delegate the power absolutely or conditionally, temporarily or permanently," AIMPLB said.

On the practice of polygamy, the board said, "Quran, Hadith and the consensus view allow Muslim men to have up to four wives." It said Islam permitted polygamy but did not encourage it.

 

 

 

"However, polygamy meets social and moral needs and the provision for it stems from concern and sympathy for women," it said.

 

 

 

"Since polygamy is endorsed by primary Islamic sources, it cannot be dubbed as something prohibited," it said. "Where women outnumber men and polygamy is not permitted, women will be forced into leading spinster's life. In sum, polygamy is not for gratifying men's lust, it is a social need," the board said.

 

 

"Women should appreciate this point that if the ratio of women is higher, would they prefer wedlock , or let them be illicit mistresses of men, without any of the rights which a wife gets," it said. Citing census reports till 1991 and other surveys, the board said polygamy was equally prevalent among Muslims, Hindus, Buddhists and tribals.

http://timesofindia.indiatimes.com/india/Ban-on-polygamy-encourages-illicit-sex-muslim-law-body-tells-Supreme-Court/articleshow/53987666.cms

[beetle]

1 hour ago, Malcolm Merlyn said:

he may resort to illegal, criminal ways of murdering or burning her alive,” stated the

Yeah....because that is how get rid of wives in general instead of divorcing?

1 hour ago, Malcolm Merlyn said:

The board also said that divorce proceedings instead of triple talaq could damage a woman’s chances of re-marriage if the husband indicts her of loose character in court.

Because triple talaq is a glowing character certificate for the divorced wife?

1 hour ago, Malcolm Merlyn said:

“Granting a husband the right to divorce indirectly provides security to the wife. Marriage is a contract in which both parties are not physically equal. Male is stronger and female weaker sex. Man is not dependent on woman for his protection. On the contrary, she needs him for her defence,

WTF!!!!

1 hour ago, Malcolm Merlyn said:

The affidavit argued that the death rate of men was higher since it was mostly men who died in accidents, and since women outnumbered men, not permitting polygamy would force women “into leading a spinster’s life”.

In India men out number women....so why have a problem with banning polygamy?Should polyandry be encouraged so there are no guys "leading a bachelor's life"?

1 hour ago, Malcolm Merlyn said:

“Polygamy ensures sexual purity and chastity and whenever polygamy has been banned, it emerges from history that illicit sex has raised its head,”

So guys become pure and chaste.What about the women. The wives have to share a man.....how satisfying can half a man be??? Does that mean the wives of polygamous men become bad girls.

 

What bloody jokers!!!!......can't even come up with half decent arguments.

 

Edited September 3, 2016 by radhika

[Malcolm Merlyn]

Their arguments are medieval and based on the consideration that women are inferior to men.

[beautifulgame]

U sure this isn't some parody article ?

This isn't even medieval but straight out of stone age .

Wish the lawyers are barred from practising just for putting up this excuse .

Most of the Muslim legal laws are actively discriminating against women.

[zen]

Shocking to read the arguments being presented by the Islamic board

 

 

 

 

[diga]

sooner we have Common civil code, better for us as a nation...

[velu]

looks like its easy to divorce a women than banning someone from ICF

 

[surajmal]

Ropers are being consistent. Should be admired. 

[MechEng]

"Triple talaq" cracks me up. It sounds more like a dragon ball z attack "triple kaioken, Kamehameha".

[Tibarn]

http://www.hindustantimes.com/india-news/muslim-women-s-group-demands-complete-ban-on-shariah-courts/story-kgNMV7LwDSgEaMRAOIecfI.html

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Muslim women’s group demands complete ban on Shariah courts

A Muslim women’s group on Tuesday demanded a complete ban on Sharia (religious) courts, saying they can’t be allowed to function as a parallel judiciary in the name of mediation, conciliation, speedy and less expensive justice.

In an affidavit, the Muslim Women’s Quest for Equality, which has petitioned the Supreme Court against arbitrary triple talaq, also demanded that organisations such as the All India Muslim Personal Law Board (AIMPLB) and Bhartiya Muslim Mahila Andolan (BMMA)“should be abolished to save the country and Indian Muslims from the clamp of fundamentalists/ activists having the ideology similar to Hafiz Muhammad Saeed and his organisation Jamat-ud-dawa (JuD).”

“Some people and NGOs are misusing the freedom given by the constitution. They want to keep Muslim education in Muslim extremist’s hands, entirely free from the government control,” the affidavit said.

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[someone]

So the case has started, some observations. 5 judges of each different religions, but there was 1 christian judge for the Hindu case.  5 of them are all men,  so where are the women? Next, SC won't interfere if T3 is integral part of religion. So will Jiziya tax, stoning or child marriage become legal? They can prove it's part of religion and get away with it.

[The Outsider]

Haha! Hindutva psychopaths who elect a PM who abandoned his wife with zero consequences and accountability are talking about reforming other communities.