The All India Muslim Personal Law Board (AIMPLB) on Tuesday told the Supreme Court that triple talaq+ has been observed by Muslims for last 1400 years and questioned the Centre for calling the practice un-Islamic.
“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.
The Muslim body also equated triple talaq with the Hindu belief that Lord Rama was born at Ayodhya.
“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.
“Muslim marriage is a contract through nikahnama between consenting adults and so is divorce. If both marriage and divorce are contracts, why should others have a problem,” the AIMPLB asked.
Sibal 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.
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.