New Delhi: Triple talaq forms part of faith under Muslim personal law continued for centuries and it cannot be tested by the Supreme Court on the touchstone of discrimination or violation of fundamental rights guaranteed under the Constitution, argued Congress leader and senior advocate Kapil Sibal in the Supreme Court on Tuesday.
Making this submission before a five judge Constitution bench, Mr Kapil Sibal, representing the All India Muslim Personal Law Board (AIMPLB) said a tradition like triple talaq, which is centuries old, cannot be termed unconstitutional all of a sudden.
Citing the Ayodhya temple issue, Mr Sibal said if Hindus’ faith about Lord Rama is not arguable, Muslims’ faith in triple talaq should also not be questioned. He said “When triple talaq is going on for 1,400 years, how can you say it is unconstitutional?”
When Justice Kurian Joseph wanted to know what the community was doing if they feel that triple talaq was bad, senior counsel Yusuf Muchala, of AIMPLB intervened and told court that “We are conscious that triple talaq is an undesirable form of divorce. We are trying to educate people. We are working on it, advising men not to resort to that practice.”
Mr. Sibal said “this (triple talaq) is something which is not permanent or immutable. It is the community to get rid of them. We don’t want court or somebody else to tells us it is bad. You must accept other’s culture. If it is bad, educate them, have a dialogue with them. You (court) don’t ride roughshod over it. You enact a law if they accept it.”
