The issue of triple talaq was a matter of personal law, protected under the Constitution. When it comes to Hindu law, you protect all customs but when it comes to Muslim, you start raising questions over customs. No legislation can take the place of a custom, being practised over 1400 years, and it cannot be termed un- Islamic. New Delhi: Equating the issue of triple talaq with the belief that Lord Rama was born in Ayodhya. The All India Muslim Personal Law Board (AIMPLB) on Tuesday told the Supreme Court that these were matters of faith and cannot be tested on grounds of constitutional morality. “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” and it cannot be interfered with by a court of law,” former Law Minister and senior lawyer Kapil Sibal.Representing the Board, said while drawing an analogy between triple talaq and the belief about Lord Rama. “Triple talaq has been there since 637 AD. Who are we to say that this is un-Islamic? Muslims are practising it for last 1,400 years. It is a matter of faith. Hence, there is no question of constitutional morality and equity,” he told a five-judge Constitution bench headed by Chief Justice J S Khehar said. Sibal was countering the arguments put forth by the opponents of triple talaq who have been arguing for the past two days, with the government also saying a new law to regulate marriage and divorce among the Muslim community would be brought, if all forms of divorce including triple talaq are struck down.
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