Triple talaq a matter of faith like Rama’s birthplace: AIMPLB

Equating the issue of triple talaq with the belief that Lord Rama was born in Ayodhya, the All India Muslim Personal Law Board on Tuesday told the Supreme Court that these were matters of faith and cannot be tested on grounds of constitutional morality.

“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” and it cannot be interfered with by a court of law, former Law Minister Kapil Sibal, representing the Board, said while drawing an analogy between triple talaq and the belief about Lord Rama.

“Triple talaq has been there since 637 AD. Who are we to say that this is unIslamic. Muslims are practising it for last 1,400 years. It is a matter of faith. Hence, there is no question of constitutional morality and equity,” he told a five-judge Constitution bench headed by Chief Justice J S Khehar said.

Sibal was countering the arguments put forth by the opponents of triple talaq who have been arguing for the past two days, with the government also saying a new law to regulate marriage and divorce among the Muslim community would be brought, if all forms of divorce including triple talaq are struck down.

The AIMPLB counsel said the age-old practice was “part of my faith and you cannot determine what should be my faith. This is the question and this is the issue”.

He asked whether the court should decide the faith of over 16 crore people.

During the daylong hearing before a bench, which also comprised Justices Kurian Joseph, R F Nariman, U U Lalit and Abdul Nazeer, Sibal said the issue of triple talaq was a matter of personal law, protected under the Constitution. He referred to holy ‘Quran’, ‘hadith’ and interpretations attributed to companions of Prophet Muhammad and scholars on divorce to drive home the point that the issue of triple talaq was a matter of faith and hence beyond judicial scrutiny.

The Muslim body said despite the existence of laws on dowry prohibition and guardianship, Hindu customs were being allowed to remain like dowry is prohibited but gifts are allowed.

The AIMPLB counsel said the age-old practice was “part of my faith and you cannot determine what should be my faith. This is the question and this is the issue”