New Delhi: The All India Muslim Personal Law Board (AIMPLB ) on Tuesday said the triple talaq is a matter of faith, just like the faith of Hindus on the birth place of Rama and cannot be tested on grounds of constitutional morality.
The case for the AIMPLB is represented by Kapil Sibal, a former Law Minister and senior lawyer from the previous Congress government. He 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”.
He further said that the Triple talaq has been there from 637 AD and who are we to question that this is un-Islamic. Muslims has been practicing the triple talaq for the last 1,400 years. Triple talaq is a matter of faith. So there is no question of the constitutional morality and equity, said Kapil Sibal to a five-judge Constitution bench headed by Chief Justice J S Khehar.
The bench of judges includes Justices Kurian Joseph, R F Nariman, U U Lalit and Abdul Nazeer.
Kapil Sibal referred to holy Quran, hadith and interpretations companions of Prophet Muhammad and scholars on divorce to drive home the point that the issue of triple talaq was a matter of faith and hence beyond judicial scrutiny.
The Muslim body said “though there is existing law to ban dowry prohibition and guardianship, Hindu customs were being allowed to still follow in the form of gifts, which is still allowed”.
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