AIMPLB questions Centre for calling triple talaq un-Islamic

16 May, New Delhi

All India Muslim Personal Law Board (AIMPLB) Tuesday questioned the Central government’s argument in the Supreme Court for calling triple talaq un-Islamic.

“Triple talaq is going on since 1400 years, how can you (Central government) say it is unconstitutional ? ” Kapil Sibal, the counsel appearing for the AIMPLB, told a five-judge bench headed by Chief Justice Jagdish Singh Khehar.

The four other judges are Justices Rohinton Fali Nariman, Kurian Joseph, Uday Umesh Lalit and S Abdul Nazeer. Sibal said ceremonies concerning birth, marriage, divorce, property and death are decided by family influenced by social norms. Family and social norms could never be tested with touchstone of Constitutional morality, a ground the Centre had argued vociferously.

The AIMPLB said Muslim marriage is a contract through ‘nikahnama’ between consenting adults, so is divorce.Mr Sibal responded to yesterday’s stand by the Centre that the government will enact a law on Muslim divorce if the SC quashed talaq in all forms.

He asked what will happen if the SC quashed talaq in all forms and then Parliament refused to enact a law.

Sibal said if Hindus believe Lord Rama was born in Ayodhya, this faith cannot be questioned on the ground of constitutional validity. If faith of Hindus about Rama’s birth at Ayodhya cannot be questioned, then triple talaq is also a matter of faith for Muslims.The AIMPLB said the 1937 Sharia Act is not codification of Muslim personal law which is protected under the Constitution.