New Delhi, May 16: Senior lawyer Kapil Sibal representing the All India Muslim Personal Law Board (AIMPLB) on Tuesday told the Supreme Court that if Ayodhya is a matter of faith, then it is same for triple talaq. Resuming his submission in the Supreme Court, Sibal said, “That Ram was born in Ayodhya is a matter of faith, not Constitutional morality; same in this case. It is not a question of equity and good conscience, it is a question of faith. You cannot bring Constitutional morality.” Also Read - Ayodhya Mosque to be Dedicated to Ahmadullah Shah, a Leader of Indian Rebellion of 1857
Sibal asked how can the practice be termed un-Islamic. “It is a 1400-year-old practice..who are we to say it is unislamic?” Sibal asked. Also Read - 'Donate With Open Heart': Muslim Woman Raises Funds For The Construction of Ram Temple in Ayodhya
Sibal told the five-judge bench comprising Chief Justice of India JS Khehar, Justices Kurian Joseph, R F Nariman, U U Lalit and Abdul Nazeer that Nikahnama is a basic tenet of Islam. “Personal laws protected by Constitution; Nikahnama basic tenet of Islam. Laws in respect of other religions have been codified except Muslim law, that is a challenge before the Court,” Sibal said. Also Read - 'Forbidden by Islam': Egyptian Woman Arrested For Baking 'Indecent' Cakes Topped With Lingerie & Genitals
On Monday, Sibal said that the dispute was not just the issue of triple talaq but the prevalence of patriarchy among communities. “All patriarchal societies are partial. In Hinduism, a father can will away his property to anyone, but not in the Muslim community. I can point out many such practices in the Hindu society. Is it better for a woman to apply for divorce and fight for 16 years and get nothing,” Sibal had said.
The Central government on Monday told the court that it will bring a law to regulate marriage and divorce among Muslims if triple talaq is held invalid and unconstitutional by the court. “If the practice of instant divorce (triple talaq) is struck down by the court, then Centre will bring a law to regulate marriage and divorce among the Muslim community,” Attorney General Mukul Rohatgi told the court.
Rohatgi’s submission came when the court asked him what are the remedies for a Muslim man to come out of a marriage if such practices are struck down.
The bench had said it was keeping open the issues of practice of polygamy and ‘nikah halala’ among Muslims for adjudication in future, as the Centre insisted on judicial deliberations on these aspects as well. “It may not be possible to deal with all the three issues in the limited time we have. We will keep them pending for future,” the bench had said.
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, Parsee, Hindu and Muslim.
With inputs from Agencies