Triple talaq matter of faith for last 1,400 years: AIMPLB to SC

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.

Responding to the Centre's stand that it will enact a law on Muslim divorce if the SC quashed talaq in all forms, Sibal asked what will happen if the apex court quashed the practice and then Parliament refused.

On Monday, 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.