The All India Muslim Personal Law Board (AIMPLB) on Tuesday told the Supreme Court that triple talaq is a 1400 years old practice and is not un-Islamic. It also said that triple talaq is a matter of faith for Muslims, just as Lord Rama’s birth in Ayodhya is for Hindus.
“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,” Kapil Sibal, who’s representing AIMPLB in the case, told the five-judge constitution bench comprising Justice Kurian Joseph, Justice Nariman, Justice Uday Umesh Lalit, Justice S Abdul Nazeer and headed by Chief Justice JS Khehar. Kapil Sibal also said that the source of triple talaq can be found in the Hadith and it came into being after the time of Prophet Muhammad.
The apex court has said that it wants to evaluate whether triple talaq is fundamental to the principles of Islam and if it really is, it won’t interfere. On Monday the government had told the apex court that if it scraps triple talaq, the government would frame a new law for Muslims for marriage and divorce. The SC on Friday had described triple talaq as ‘worst and undesirable form’ of dissolving a marriage.