The All India Muslim Personal Law Board (AIMPLB) on Tuesday defended triple talaq in the Supreme Court, saying it was being practised for 1,400 years and was a matter of faith just like Ram Lalla’s birthplace.
The board brought up the long-pending dispute over building a temple to Lord Ram in Ayodhya, which Hindus believe is his birth place, before a five-judge constitution bench which is hearing petitions demanding scrapping of the controversial divorce practice.
Several Muslim women have told the court the custom was biased and against gender justice.
“Triple talaq is not a question of equity and good conscience but of faith. Can’t bring constitutional morality into it,” board’s lawyer and senior Congress leader Kapil Sibal said.
The Centre has backed the petitioners, saying the practice was unconstitutional and against equality.
“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,” Sibal 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 told the multi-faith bench led by Chief Justice JS Khehar that the source of triple talaq could be found in Hadith and that it came into being after the time of Prophet Muhammad.
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