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Triple talaq matter of faith for last 1,400 years: AIMPLB to SC

It also equates triple talaq with the Hindu belief that Lord Rama was born at Ayodhya

NEW DELHI: The All India Muslim Personal Law Board (AIMPLB) on Tuesday told the Supreme Court that triple talaq is a matter of faith being practised by Muslims for the last 1,400 years and hence the question of constitutional morality and equity did not arise. The Muslim body also equated triple talaq with the Hindu belief that Lord Rama was born in Ayodhya.

“Muslims have been practising triple talaq for the last 1,400 years. Who are we to say that this is un-Islamic. It is a matter of faith. Hence, there is no question of constitutional morality and equity,” former Union Law Minister and senior advocate Kapil Sibal, appearing for the 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,” Mr. Sibal told a five-judge Constitution bench headed by Chief Justice J. S. Khehar.

He also referred to the fact that the source of triple talaq can be found in Hadith and that it came into being after the time of Prophet Muhammad.

The AIMPLB is advancing arguments before the Bench, which also comprises Justices Kurian Joseph, R.F. Nariman, U. U. Lalit and Abdul Nazeer.

On Monday, the Centre told the court that it would bring in new law to regulate marriage and divorce among the Muslim community if all forms of divorce, including triple talaq, are struck down.

Tuesday is the fourth day of the hearing on a clutch of petitions challenging triple talaq, polygamy and ‘nikah halala’ which is going on before a Bench comprising members of Sikh, Christian, Parsi, Hindu and Muslim communities.