Triple talaq going on since 1400 years, how can you say it is unconstitutional: Kapil Sibal to Supreme Court

The constitution bench of Supreme Court on Tuesday resumed hearing of triple talaq case. Arguing for All India Muslim Personal Law Board, Kapil Sibal said that triple talaq is going on since 1400 years, how can you say it is unconstitutional.

"The issue is not triple talaq, the issue is patriarchy and it is there in every religion. All patriarchal societies are discriminatory, even many of the Hindu laws are discriminatory. There is no question of constitutional morality & equity in matters of faith," said Kapil Sibal.

"if Hindus faith about Rama's birth at Ayodhya can't be questioned then triple talaq which is a matter of faith for Muslims shouldn't be," said Kapil Sibal.

“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,” former Union Law Minister and senior advocate Kapil Sibal, appearing for 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,” 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.

Earlier on Monday, The Supreme Court on Monday said it would examine whether triple talaq was an essential part of religion under Article 25 of Constitution.

A five-judge constitution bench headed by Chief Justice J S Khehar said “We have to see the test of essentiality and the government has to prove that ‘triple talaq’ is not an essential part of Islam as this will amount to tinkering with religion.”

The bench, also comprising Justices Kurian Joseph, R F Nariman, U U Lalit and Abdul Nazeer, asked the government why it had not brought in a law to bring about reforms if it had found the practice of triple talaq as wrong.

Attorney General Mukul Rohatgi said that all the three forms of divorce among the Muslim community - talaq-e-biddat, talaq hasan and talaq ahsan, were “unilateral” and “extra-judicial”.

“Yes, we can bring law. There is no law for past 60 years. It has not been done. But the court should first strike down these practices which are not in confirmity with the Constitution,” he said.

Also read: Triple talaq case: Supreme Court asks Centre to prove it is not essential in Islam