Triple Talaq a matter of faith for Muslims since last 1,400 years: Kapil Sibal to Supreme Court

The Muslim law board on 16 May told the Supreme Court that principles of constitutional morality and equity can't be applied to triple talaq because it is a matter of faith. The board has asserted that a practice which is being followed for 1,400 year can not be termed as un-Islamic.

Kapil Sibbal, who is representing the case of Muslim board, said, "If I have faith that Lord Ram was born at Ayodhya, then it's a matter of faith and there is no question of constitutional morality."

Sibal asked the Supreme Court how a 1400-year-old practice be branded 'unconstitutional'.

"Triple talaq is there since 637. Who are we to say that this is un-Islamic. Muslims are practising it for last 1,400 years. It is a matter of faith. Hence, there was no question of constitutional morality and equity", the lawyer said.

"Triple talaq is going on since 1400 years, how can you say it is unconstitutional?" Sibal asked the apex court.

Mr Sibal also pointed that the source of triple talaq can be found in Hadith and it came into being after the time of Prophet Muhammad.

After asserting that Triple Talaq cannot be branded as unconstitutional, AIMPLB counsel Kapil Sibal said the Supreme Court should be hearing the matter in the first place.

The argument began when Sibal said that the apex court should not decide or interfere in one's faith and belief.

To this Justice Rohinton Fali Nariman, one of the five judges constituting the bench asked, if they should not hear the matter at all.

"Yes, you should not hear," replied Sibal.

Meanwhile, the bench also questioned the AIMPLB on the position of e-divorce given on WhatsApp in Islam.

On 15 May, the Centre had assured the apex court that it will come out with a law to regulate marriage and divorce among Muslims if Triple Talaq was upheld as invalid.

"The government will come out with law to regulate marriage and divorce among Muslims if court holds Triple Talaq as invalid," Attorney General Mukul Rohatgi told the bench.

Rohatgi also conveyed to the apex court bench that Triple Talaq violates Muslim women's right to equality within the community, and also within the country

- With ANI inputs