The All India Muslim Personal Law Board (AIMPLB) today told the Supreme Court that triple talaq is a matter of faith being practiced by Muslims for the last 1,400 years and hence the question of constitutional morality
and equity did not arise.
The Muslim body also equated triple talaq with the Hindu belief that Lord Rama was born at Ayodhya. “Triple talaq is there since 637. Who are we to say that this is un-Islamic. Muslims are practicing it for last 1,400 years. It is a matter of faith. Hence, there was no question of constitutional morality and equity,” former Union Law
Minister and senior advocate Kapil Sibal, appearing for AIMPLB, said.
“If I have faith that Lord Rama was born at Ayodhya, then it’s a matter of faith and there is no question of
constitutional morality,” Sibal told a five-judge Constitution bench headed by Chief Justice J S Khehar.
He also referred to the fact that the source of triple talaq can be found in Hadith and that it came into being after the time of Prophet Muhammad. The AIMPLB is advancing arguments before the bench which also comprises Justices Kurian Joseph, R F Nariman, U U Lalit and Abdul Nazeer.
Yesterday, the Centre had told the apex court that it will bring a new law to regulate marriage and divorce among
the Muslim community if all forms of divorce including triple talaq are struck down. Today is the fourth day of the hearing on a clutch of petitions challenging triple talaq, polygamy and ‘nikah halala’ which is going on before a bench comprising members of different religious communities including Sikh, Christian, Parsi, Hindu and Muslim.