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Muslim Law of Divorce ‘Triple Talaq’ is Sinful and Undesirable but can be permissible if not misused, AIMPLB tells Supreme Court
New Delhi, May 16, 2017: The All India Muslim Personal Law Board (AIMPLB) on Tuesday told the Supreme Court that triple talaq was a “sin and undesirable” act, but still permissible and efforts are on to educate the community against its misuse.
Asking the court not to interfere with triple talaq as it was also a matter of faith which the community has practised for 1,400 years since the birth of Islam, senior counsel Yusuf Hatim Muchchala said that though permissible, triple talaq “is a sin and undesirable act, we are trying to educate people” but “it will take some time”.
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Muchchala, who is also a member of the AIPMLB’s Executive Committee, made his suggestion to the five judge constitution bench in response to a question from it as to why triple talaq was excluded from the ‘Nikah Nama’ and why ‘talaq ahasan’ and ‘hasan’ alone are included.
Drawing a parallel, senior counsel Kapil Sibal, also appearing for AIMPLB, said that as some people believe that Lord Rama was born in Ayodhya and it was a matter of faith and could not be adjudicated, similarly Muslim personal law too was a matter of faith and the court should be shy from stepping in.
Sibal was addressing the constitution bench comprising Chief Justice Jagdish Singh Khehar, Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S. Abdul Nazeer, which is hearing a batch of petitions challenging the constitutional validity of triple talaq.
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The matter is rooted in October 16, 2015 order of the SC, directing separate listing of a PIL addressing the question of the rights of Muslim women.
As Sibal stressed on the point that personal law was a matter of faith and court should not step in, Justice Joseph said: “May be. (But) now some women have come to us for justice after 1,400 years.”
Telling the bench that ripple talaq is not something that “we can do with flourish”, Sibal said: “Personal law is drawn from Quran, Hadith and triple talaq is 1,400 years old. Who are we to say it is un-Islamic. It is not a question of good conscience or morality but a question of faith. It is not a question of constitutional morality.”
Telling the court that it had no role in the matter of Muslim personal law, and “parliament alone can decide what to do”, Sibal took a dig at Attorney General Mukul Rohatgi telling the court on Monday that it should strike down the all three forms of talaq amongst Muslims and centre would enact a new divorce law.
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“For the first time you are with us”, Chief Justice Khehar said as Sibal said that the government could not ask the apex court to first strike down all three practices of talaq, then it will enact a law.
Citing the 1937 Muslim Personal Law (Shariat) Application Act, he said it was not an attempt to codify Muslim personal law and its “essential purpose” was to ensure that all those customs and practices which were contrary to Islam but being followed by those who embraced Islam should be discontinued and declared contrary to Islam.
Referring to Hindu Code where exceptions were carved out for protection of customs and practices, Sibal said: “You can’t say that all personal laws are protected but Muslim personal law was subject to fundamental rights.”
Similarly he referred to Dowry Prohibition Act, which while abolishing dowry, permitted gifts.
“Faith can’t be interpreted in the courts of law,” Sibal said, adding that we “enter into very very complex world where we will have to travel 1,400 years back in history to discover what is wrong and what is right”.
“I believe it so. This is my faith for 1,400 years. You can’t determine that my faith be so. You can’t test my faith on higher principles,” he said.
Saying that the diversity of India has to be nurtured and not ridden over roughshod, Sibal referred to the Constitution’s Article 371 which provides for special provisions in respect of different states and laws in respect of them can’t be made without their consent.
Hearing will continue on Wednesday. (IANS)
Along with the undeniable natural beauty, the Kashmir valley has developed a reputation for adventurous activities like trekking, hiking, and river rafting. Kashmir has maintained its charm, allowing us to time-travel into beautiful destinations which make one forget about the stress and worries of life. The hikes in Kashmir offer adventurers to go on a self-discovery trip through nature's lap over the mountains while taking in the breathtaking scenery that surrounds them on their journey. In addition to the hikes, there are many thrilling adventure activities, like rock climbing, rope climbing, etc. Trekking across the region of mountains and lakes will allow you to experience living in the "Paradise on Earth," and you wouldn't want to return to your regular life after that.
The following are some of the finest hiking destinations in Kashmir:
#1: Kashmir Great Lakes Trek: You will be transported to a heavenly and unseen aspect of Kashmir on the Kashmir Great Lakes Trek. In addition to three high-altitude passes and five river valley crossings, this is the only trip in the Himalayas that includes seven alpine lakes, each of which is a stunning shade of green, blue, or turquoise. The extravagance is limitless and breathtakingly stunning every day: infinite blue sky, a larger-than-life backdrop of the Rocky Mountains, colourful meadows overflowing with wildflowers, river crossings are just a few examples of what you will encounter during the trek.
You will be transported to a heavenly and unseen aspect of Kashmir on the Kashmir Great Lakes Trek. | Photo by prayer flags on Unsplash
#2: Sonamarg-Vishansar-Bandipora Trek: The Sonamarg-Vishansar-Bandipora trek is a one-of-a-kind experience that provides a glimpse into Kashmir's undiscovered regions. Sonamarg, famously known as the Meadows of Gold, is the starting point for this fascinating journey that is the perfect experience for anyone looking to get away from the frantic tourist rush. This trek is a fascinating journey that allows nature enthusiasts to bask in the splendour of nature's grandeur. The trek goes over many high mountain passes, some as high as 4000 metres in elevation. The hiking route, in addition to providing breathtaking views of the magnificent Vishansar Lake, provides visitors with the chance to see more than 50 alpine lakes.
Sonamarg, famously known as the Meadows of Gold, is the starting point for this fascinating journey. | Photo by YASER NABI MIR on Unsplash
ALSO READ: Top 10 Beautiful Sights To VIsit In Kashmir
#3: Tral-Narastan-Marsar Trek: The Tral-Narastan-Marsar trek is filled with a range of exciting experiences from beginning to end. The hiking trail passes past a waving saffron field, beautiful meadows, and several streams. The path also crosses the Dachigam National Park, where there is an opportunity to see various animal species. Trekkers may take in spectacular views of the high mountains running parallel to them as they cut and pass through Narastan, a Hindu pilgrimage place.
The Tral-Narastan-Marsar trek is filled with a range of exciting experiences from beginning to end. | Wikimedia Commons
#4: Chhatargul-Mahlish-Gangabal: The journey, which passes through beautiful locations such as Chattargul, Mahlish, Kolsar, and Trunkul, provides a peek into an utterly uninhabited wilderness of Kashmir. There are lakes and meadows adorned with flowers along the route as one trek into the alpine wilderness. Trekkers can also enjoy fishing in the crystal clear lakes, camping, or just seeing towering snow-capped mountains while on their journey.
There are lakes and meadows adorned with flowers along the route as one treks into the alpine wilderness. | Wikimedia Commons
#5: Kolahoi Base Camp Trek: The Kolahoi Base Camp trek in Kashmir has been famous since the early 1900s and has been a goal for many seasoned hikers from across the world. While Srinagar serves as the beginning point for the trip, it is in Aru Valley that the actual hiking begins. The Kolahoi Base Camp Trek is a gentle adventure that is ideal for novices and families with children. The breathtaking sight of the peaks rising into the sky on the horizon of the Pirpanjal and Karakoram ranges is certainly worth capturing. It is considered to be one of the most popular treks in the Kashmir valley.
The Kolahoi Base Camp Trek is a gentle adventure that is ideal for novices and families with children. | Wikimedia Commons
Kashmir's natural splendour, with its beautiful valleys and towering mountains, is really unlike anywhere. Trekking through various valleys and peaks while taking in the scenic beauty is something that always calms the heart and provides us with memories that we will remember for a lifetime.
Keywords: Kashmir, Lakes, Alpine, Hiking, Trekking, Treks, Sonamarg, Gangabal, Kolahoi, Chhatargul, Mahlish, Tral, Narastan, Marsar
The Pitru Paksha starts after the Full Moon day, and this day marks the beginning of the waning phase of the Lunar cycle. This event is roughly of 15-day period, and is of great significance. From this day, rituals like Tarpan or Tarpanam and Shradh are carried out to pay respects to dead relatives and ancestors.
It is believed that from the very first day till the last day, the unhappy souls of the deceased return to the Earth to see their family members. So, in order to ensure that the dead attain Moksha, i.e. to get liberation, family members of these souls quench their thirst and satisfy their hunger by performing the Pind Daan, which includes offering food consisting of cooked rice and black sesame seeds. The literal meaning of Pind Daan is the act of satisfying those who no longer exist physically.
For fifteen days, prayers are offered in temples and rituals are performed to help the souls get free from the cycle of birth, life, and death, and attain salvation.
At the same time, the Pitru Paksha is also an important period for people with Pitru Dosha, which means the curse imposed by the ancestors. Hence, in order to ask forgiveness, people perform Shradh rituals and offer food to the crows, who are considered as living beings that represent the dead. It is believed, if the crow eats the offered food, the ancestors are happy and pleased. But, if the crow doesn't eat the offered food and flies away, the ancestors are not happy.
The event of Pitru Paksha is widely observed by Hindus from all over the world, and they perform prayers and rituals in order to gain their ancestors blessings.
At the heart of Bangalore city, a large 300-acre space of lush greenery and heritage stands as a symbol of the city's past, present, and future. Cubbon Park is every child's favourite park, every Bangalorean's haven of fresh air, and altogether, the city's pride.
It stands testament to the past, in terms of the diversity of flora it houses. Bangalore traffic in the recent past has grown into a menace, but the stretch between MG Road and Cubbon Park is always a pleasurable place to stop and wait for the signal to turn green. The gust of wind that blows here, and the smell of mud, coupled with floral scents instantly transports citizens to Old Bangalore, where the weather was fine, and the trees loomed over roads with thick canopies that did not even allow rainwater to penetrate. Cubbon Park is also a historical site, and one of the few remaining monuments of colonial heritage in Central Bangalore. It houses many statues and among them, the most famous is that of Queen Victoria, which faces the St. Mark's Square.
The stretch outside Cubbon Park is cool and well-shaded from the canopy of trees over it. Image source: wikimedia commons
At present, Cubbon Park is known for the cultural hub that it is. It houses Jawahar Bal Bhavan, which is a large theatre that hosts film festivals through the year. Festivals, poetry open mics, and other such shows are conducted on the lawns every Sunday. A small stream runs through the park, where boat rides are held occasionally when the water level is high enough. There is a children's park on one corner, and a government-maintained aquarium, two-storeys tall, with exotic fish.
The Park has been renamed many times in the past. It was originally named Meade's Park, after Sir John Meade, the acting commissioner of Mysore in 1870. It was later changed to Cubbon Park after Sir Mark Cubbon, who was the longest-serving commissioner of the Mysore state. In 1927, the park was renamed after the Mysore Maharaja Sri Krishna Wodeyar, to celebrate his silver jubilee, since the park was developed during the reign of his ancestors. Even though it is officially named Sri Chamrajendra Park, it is still known as Cubbon Park all over the city. In fact, Bangalore was alluded the sobriquet of 'Garden City' because of the rich botanical diversity of this park.
Art Installation at Cubbon Park Image source: wikimedia commons
In many parts of the country, governments have renamed structures, places, and cities to remove traces of colonialism. But, in a city like Bangalore, there is too much evidence of the British rule. Many of the most prominent attractions of the city are known by their British identities despite the change in name. Even the city's name continues to be Bangalore, despite having been changed to Bengaluru. Last year, the British era and its achievements were celebrated in Cubbon Park when Sir Mark Cubbon's statue was moved from the grounds of the Karnataka High Court and placed in the Park.
Keywords: Cubbon Park, Mark Cubbon, British Colonialism, Cultural hub, Garden City