Arguing for the All India Muslim Personal Law Board (AIMPLB), senior lawyer and Congress leader Kapil Sibal on Tuesday said triple talaq is a matter of faith being practiced by Muslims for the last 1,400 years and hence the question of constitutional morality and equity did not arise.
“Who are we to say that triple talaq 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,” Kapil Sibal, appearing for AIMPLB, said.
“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.
The top court wanted to know from the AIMPLB what is the position of e-divorce given on WhatsApp in Islam?
The Centre had on Monday informed the Supreme Court that it would bring a law to regulate marriage and divorce among Muslims if the court held triple talaq invalid and unconstitutional.
Attorney General Mukul Rohatgi, India’s top law officer, made this submission after a five-judge constitution bench asked him about the remedies for Muslim men if triple talaq was struck down.
The multi-faith bench comprising Chief Justice of India JS Khehar and Justices Kurian Joseph, Rohinton Nariman, Uday Lalit and Abdul Nazeer is examining the legality of triple talaq after a clutch of petitions for a ban on the practice was filed.
(With inputs from agencies)