Senior lawyer Kapil Sibal who is representing the All India Muslim Personal Law Board (AIMPLB) said the Supreme Court that if Ayodhya is a matter of faith, then it is same for Triple Talaq. “That Ram was born in Ayodhya is a matter of faith, not constitutional morality; same in this case. It is not a question of equity and good conscience; it is a question of faith. You cannot bring constitutional morality,” said Sibal in SC.
He also questioned that how can the practice be called un-Islamic when, “it is a 1400-year-old practice… who are we to say it is un-Islamic.”
A five-judge bench comprising Chief Justice of India JS Khehar, Justices Kurian Joseph, RF Nariman, UU Lalit and Abdul Nazeer is hearing petitions on Triple Talaq. “Personal laws protected by Constitution; Nikahnama basic tenet of Islam. Laws in respect of other religions have been codified except Muslim law, that is a challenge before the Court,” Sibal said to the bench.
Sibal had said on Monday that the argument is not just the concern of Triple Talaq but the dominance of patriarchy among communities. “All patriarchal societies are partial. In Hinduism, a father can will away his property to anyone, but not in the Muslim community. I can point out many such practices in the Hindu society. Is it better for a woman to apply for divorce and fight for 16 years and get nothing?”