On Tuesday, Muslim law board told the Supreme Court that the principles of constitutional morality and equity do not apply to the triple talaq because it is matter of faith. Is defending the practise of Muslim body that let men get instant divorce by saying that triple talaq thrice insisted that a 1,400 year old practice could not be an un-Islamic.
To make his point, the law board equated triple talaq with the Hindu belief that Lord Ram was born in Ayodhya. "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," the former law minister, Kapil Sibal, who is appearing for the All India Muslim Personal Law Board told the country's five top judges hearing in the triple talaq case.
“Since 637 the Triple Talaq is there. Who we are to say that this is un-Islamic. From last 1,400 years Muslims are practising it. But it is all a matter of faith. Hence, there was no question of constitutional morality and equity", said by Kapil Sibal.
Also pointed by Kapil Sibal that the source of Triple Talaq can be found in Hadith and it came into being after the Prophet Muhammad time.
"Is e-talaq also there," the bench headed by Chief Justice of India JS Khehar asked, a reference to many complaints from the Muslim women that they had been divorced over Facebook and WhatsApp.
Stressed by the Supreme Court which sought to assess if the triple talaq was a fundamental to the Islam and if it was, there will be no interference from the court. The bench, which also comprises Justice Kurian Joseph, Justice Nariman, Justice Uday Umesh Lalit and Justice S Abdul Nazeer, has been hearing the case for three days, today is the fourth.
The Supreme Court called Triple Talaq, last week that the ‘worst form’ of dissolution of marriage among Muslims. The government told the country’s five top judges on Monday that Triple Talaq had nothing to do with the religion, and to gender equality and human rights was contrary. In response to the court's concern about the possibility of a vacuum if it were to strike down triple talaq, Attorney General Mukul Rohatgi told the court that the government would enact a new law.