New Delhi: On the fourth day of the hearing, the All India Muslim Personal Law Board (AIMPLB) on Tuesday told the Supreme Court that triple talaq is a matter of faith being practiced by Muslims for the last 1,400 years.
The Muslim body further likened triple talaq to the Hindu belief that Lord Ram was born in Ayodhya.
Therefore, the question of constitutional morality and equity does not arise, said former Union Law Minister and senior advocate Kapil Sibal, appearing for AIMPLB.
"Triple talaq is there since 637. Who are we to say that this is un-Islamic. Muslims are practicing it for last 1,400 years. It is a matter of faith. Hence, there was no question of constitutional morality and equity."
"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," Sibal told a five-judge Constitution bench headed by Chief Justice Jagdish Singh 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, Rohinton Fali Nariman, Uday Umesh Lalit and S Abdul Nazeer.
The Central government on Monday told the Supreme Court that if the latter invalidates the men-centric triple talaq that is discriminatory to Muslim women, then it would bring a new divorce law that would be fair and equal to both men and women in the community.
As Attorney General Mukul Rohatgi argued against triple talaq and stressed the need to strike it down, the bench asked him if this is done, then what will happen to Muslim men who went to end their marriage.
Without losing a moment, Rohatgi told the bench that if they strike down all three practices - triple talaq, nikah halala and polygamy, then the government will bring a new law.
Today 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 different religious communities including Sikh, Christian, Parsi, Hindu and Muslim.
(With Agency inputs)