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Principles of constitutional morality and equity do not apply to triple talaq : Kapil Sibal

Principles of constitutional morality and equity do not apply to triple talaq : Kapil Sibal

Triple talaq the most debated and the most talked topic in the country right now has added one more controversial statement in its list of already complex and conflicting views. During the ongoing hearing of triple talaq in supreme court Kapil Sibal (Representing All India Muslim personal law board, AIMPLB) said that triple talaq was a matter of faith, just as Lord Ram's birth in Ayodhya has been for Hindus and there was no question of constitutional morality.

Sibal 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. And why should court interfere? Similar is the case with triple talaq."

"Muslims are practising triple talaq for the last 1400 years and it is a matter of faith," Sibal, argued before the five-judge constitutional bench of the Supreme Court, headed by Chief Justice of India JS Khehar and includes Justices Kurian Joseph, RF Nariman, UU Lalit and Abdul Nazeer.

"Triple talaq is there since 637. Who are we to say that this is un-Islamic? Muslims are practicing it for last 1400 years. It is a matter of faith. Hence, there was no question of constitutional morality and equity," he added.

Sibal 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. "Islam gave property rights to women much before any other religion. Family and personal laws are protected by the constitution. It's a matter of personal faiths," he added.

Today is the fourth day of the hearing on petitions challenging triple talaq, polygamy and nikah halala.

Posted On : 17-May-2017

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