Ram born in Ayodhya issue of faith, so is triple talaq: Muslim Board

The Supreme Court is hearing seven petitions including five filed by Muslim women challenging the practise of polygamy, nikah halala and triple talaq in the community.

Written by ANANTHAKRISHNAN G | New Delhi | Updated: May 17, 2017 8:55 am
 triple talaq, muslim talaq, muslim divorce, ram temple, reason of talaq, triple talaq causes, indian express news The essential purpose of the said Act of 1937 was to ensure that all those customs and practice which were contrary to Islam but being followed by those who embraced Islam should be discontinued and declared to be contrary to Islam. (Representational image)

The All India Muslim Personal Law Board on Tuesday invoked Lord Ram to defend the practice of triple talaq in the Supreme Court, saying both were matters of faith and so courts should stay away.

“That Ram was born in Ayodhya is a matter of faith, not Constitutional morality. Same is the case (with triple talaq)…The Constitution of India recognises ‘personal law’ of all religious denominations being communities and protects their faith by making them immune from challenge under Part III of the Constitution,” Senior Counsel Kapil Sibal, appearing for the Board, told a five-judge Constitution Bench which is hearing a batch of pleas challenging the controversial practice.

The court is hearing seven petitions including five filed by Muslim women challenging the practise of polygamy, nikah halala and triple talaq in the community. Other members on the bench are Justices Kurien Joseph, U U Lalit, R F Nariman and Abdul Nazeer.

Sibal’s contentions are bound to set off a controversy with pro-temple groups who will interpret this as an admission of their claim that Ram’s birth in Ayodhya is beyond legal purview.

The petitioners had contended that marriage, succession and divorce had been taken out of the purview of personal law and made statutory rights by a Privy Council judgment of 1932 and subsequently by The Muslim Personal Law (Shariat) Application of 1937 and hence it was open to the court to examine its validity under Article 13 of the Constitution. Article 13 says that any law which “immediately before” the coming into force of the Constitution will be void if it violates the provisions of the Constitution.

Sibal, however, opposed this conclusion saying the purpose of the 1937 Act was not to codify Muslim personal law. Under the then Hindu law, women did not have the right to inherit property and the Act was brought to empower them to have the right, he said.

“The essential purpose of the said Act of 1937 was to ensure that all those customs and practice which were contrary to Islam but being followed by those who embraced Islam should be discontinued and declared to be contrary to Islam. The Act of 1937 is neither an attempt to codify the ‘personal law’ of Muslims in India nor does it represent a statutory enactment of ‘personal laws’ of Muslims in India,” Sibal said.

Read | Triple talaq exception rather than rule: Survey

Stressing the importance of personal law, he said “personal law is not something decided by the individual. It is through the interaction of the individual, family and community for many years that personal law evolves…Even the British did not interfere with personal laws…Will Your Lordships decide the faith of 160 million people or is it the responsibility of the legislature? Personal laws of Muslims have evolved through 1400 years of practice. Are we to say now its un-Islamic? The Court, in exercise of its powers under the Constitution, should not, in matters of faith, seek to interpret the manner in which the community should understand its own faith.”

Sibal warned that the “consequences” of the court interfering in personal laws “will be unimaginable”.

“The point is once you start interfering in it, where do you go?..Consequences of this are enormous…We can’t even imagine the consequences,” Sibal added.

Interestingly, Sibal agreed with fellow AIMPLB counsel Yusuf Muchhala’s contention that instant triple talaq was “undesirable.” Muchhala told the court “it is an undesirable form of divorce. We are trying to educate people. We are working on it and we are advising people not to resort to the practice.”

Sibal added to this saying, “We are not saying it is permanent or immutable. We are aware of the need to change. But we will do it in our own way. It is not for someone else to tell (us) what it is.”

He also repeatedly referred to what he said was the discrimination in Hindu law to buttress his claims. The Dowry Prohibition Act of 1961 banned the practice of dowry but allowed parents to give gifts to daughters and thus this practice is continuing, he said. Adding: “in case of Hindu law, you protect all customs. In case of Muslim law, you will say it violates provisions of the Constitution.”

Justice Kurien Joseph sought to know what was the need for messengers to improvise on it if the Koran had already laid down the procedure for divorce. “Talaq is separation, which is conceived and well explained in the Koran. Then why go for anything else..What was the need for the messenger to lay down something when it is actually given in Koran,” Joseph sought to know.

Read | Relatives to blame for talaq: Survey

Sibal replied that he did not know how to answer this to which Justice Kurien said he was only trying to understand whether the (triple talaq) provision was added to meet the need of the hour — a need which may be non-existent now.

Sibal also tried to draw an analogy with cow slaughter only to be told that it was a bad example.

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  1. J
    Joshyramamurthy Murthy
    May 17, 2017 at 7:57 pm
    Be careful about Muslims, they are green snakes in our gardens See their hate against India and Hindus in Kashmir What's happening in Muslim majority districts of am Kerala and up We know they are growing exponential We should first control their growth , then making some excuse genocide them, make few remaining after genocide ghar wapsi, mean time destroy all mosque madrasa etc.
    Reply
    1. I
      indian man
      May 17, 2017 at 8:48 pm
      Sir, you forgot that India is a secular country. Every religion has equal right. Your own people will scold you if you call India as Hindu stan.
      Reply
      1. S
        S.Suresh
        May 18, 2017 at 8:44 am
        You are Good Indian. Saivam, Vainavanam, Ganapathiyam, Kaumaram, Saktham and Souram (All six religions are called in one name Zindhoos [as per Englishman identification} or Hindus), Jainism, Skhism and Buddhism religions are born in India. One Nation, One Religion and One Language are suitable for our country. If it will happen, it is equal to genocide.
    2. I
      indian man
      May 17, 2017 at 7:46 pm
      I think Hindu also start wearing burkas. India has largest Muslim poplation, then why not call India Muslim stan.
      Reply
      1. C
        Champa Bai
        May 17, 2017 at 5:59 pm
        is gaan$#$# sibal ko lawyer ki degree kaisay mili........kya comparison kar raha hai chu$ $#$ ......pls explain this to me .......if this practice is banned in more than 25 Islamic countries.....u mean to say they are wrong........they are all unIslamic?????And India which is not even an Islamic country...this practice should continue????kya bhosadc&^ ^ argument hai..........sati was banned, dowry was banned, child marriage was banned....u mean to say those were wrong decisions by courts?????? should these practices be again activated by Hindus?????? BTW the issue was raised in SC by Muslim women only??????if this was a right practice......why did they have to approach court???????........ mon sense hai nahin aur ban e lawyers
        Reply
        1. T
          T Husain
          May 17, 2017 at 6:35 pm
          A simple question to you, Champa Bai, are Indians at large and you particularly, very much concerned with the welfare of the Muslim women or using this Triple Talaq stupidity as a tool and something to do politics with? If your leadership were honest and cared about Muslim welfare, they would not have used them as vote bank and treated them as equal citizens of the country by introducing secular and uniform civil code ignoring religion, caste and creed long ago.
          Reply
        2. T
          T Husain
          May 17, 2017 at 2:47 pm
          NOT TRIPLE TALAQ but SINGLE TALAQ should be enough to annul a marriage. What use a marriage has between a couple when mutual love and affection don't exist? Why waste time and keep two people by name of religious law or any other pretext? Nevertheless, a Talaq or divorce MUST be processed through a court of law to make it valid. Hindus, Christians and every individuals should follow this simple rule. What India is doing here is NOTHING but politics with Muslim women's life. Triple Talaq is illegal even in Islamic stan, why it exits in secular India? To play circus? Why India didn't introduce uniform civil law after independence? Do Indian majority population care so much about their Muslim population?
          Reply
          1. H
            Human Being
            May 17, 2017 at 2:39 pm
            When it comes to civil rights inferred by a civil union or "marriage", they want it all, but when it comes to divorce, it is a matter of faith. Come on, its 2017, give up your stupid quibbles and concentrate on advancing the country and science.
            Reply
            1. T
              T Husain
              May 17, 2017 at 2:32 pm
              Triple Talaq or SINGLE Talaq is not my question here but I want to know, do the picture in your report (Burqa clad two Muslim women) really represent the Indian Muslim women? What is the percentage of Indian Muslim women use Burqa? Do you publish naked Sadus' picture to represent Indian men?
              Reply
              1. I
                indian man
                May 17, 2017 at 1:07 pm
                So many Hindu followers here. Can anyone, without using google answer following Where lord Shiv born How he got supernatural powers How he disappeared. I am not abusing, just want information. Thanks in advance.
                Reply
                1. N
                  Nandagopal C.S
                  May 17, 2017 at 1:01 pm
                  According to the 1400 year old belief. India is darul harab. it is the divine duty to bring caliphate and support whoever is striving for it for example al qaeda , lashkar and ISIS and coinvert india which is darul harab to darul islam. it is a kufr to live in darul harab i.e india. it is divine duty to wage jihad on kafir's that is hndus. A sovreign nation like India cannot dance to whims and fancies of these radicals just becuase they believe in something.
                  Reply
                  1. N
                    Nandagopal C.S
                    May 17, 2017 at 12:46 pm
                    This Kapil Sibal's party never supported construction of Ram Mandir. Now he is trying to bring the faith of Ram Born in Ayodhya. This kapil says that hindus believe that Ram was born in Ayoodhy and similarly Muslim belive in Triple Talaq. With this kind of logic i dont know how he became a lawyer. He could not do a single good thing to hindu society and this traitor wants to Defend Islam's Triple talaq. AMPLB has rightly used this traitor. Enemy's enimy is friend right? Suckers
                    Reply
                    1. S
                      Shamsul Islam
                      May 17, 2017 at 12:25 pm
                      Kapil Sibal's defence of 3talaq has another funny aspect. According to him 3talaq is Islamic and part of a divine decree. By this logic most of the Muslims world-over who do not practice 3talaq are not Muslims and live un-Islamic life! One pities those 'scholars' of Islam who have hired KS for defending an anti-Muslim women fascist practice. Islam which provided dignity and equality to women 15 hundred years back is being presented as anti-woman religion. Islam needs to be liberated from the clutches of male chauvinists who represent M mriti then Islam.
                      Reply
                      1. N
                        Nandagopal C.S
                        May 17, 2017 at 12:55 pm
                        if Tripe talaq and nikah halala is the equality prvovided. then god save muslim women
                        Reply
                      2. E
                        EVM SELECTED FEKU
                        May 17, 2017 at 12:20 pm
                        one is mythology one is current practical issue
                        Reply
                        1. S
                          Srushti Kushti
                          May 17, 2017 at 2:19 pm
                          Then we can have EVMs only for ladies to vote .. 3 X .. sorry TTT .. Yes or No ..
                          Reply
                        2. S
                          Syed saleem
                          May 17, 2017 at 12:05 pm
                          I think the Wakf Board is sincere in erting that abrupt ending of a marriage and instant dismissal of wife by a muslim man is a matter of faith. The problem is that the consequences of inflicting this act of faith on a woman are disastrous for her and are passed on to the society. Thus, regardless of their sincerity, their faith itself is responsible for allowing this unacceptable method of divorce in a modern society. Therefore, a society that comprises of people of different faiths or of no faith have a right to seek an end to this practice. Muslims in India instead of shielding themselves and remaining entrapped in their old and outdated religious practises must proactively work for a uniform civil code and reject those who tell them that sticking with their centuries old codes and customs will ensure their cultural iden y. Their view is patently infantile and they are totally oblivious to reality.
                          Reply
                          1. S
                            Sarmad
                            May 17, 2017 at 11:57 am
                            I don't understand y should other communities in the religious beliefs and practices of Muslims withouts having a knowledge.May be there a few victims of Talaq but that can not be generalised for the w practice.Courts as well as govt can come to the rescue of those Muslim sisters who have been victimised by misinterpretation of triple talaq but that doesn't mean that indian courts or govt can meddle in personal matters of any community.please stop this kind of thinking.It will harm the mother land.f two sons of same mother differ in any matter does the stronger have the right to enforce his thought forcefully????I don't think it s going to help the so called nationalism in any way.Cultures have been changing outdated things worn out and new and useful things are imilated.. Great Nations imbibe all good from others without thinking whether it comes from Gaznawi or Chandergupt and throw away undesirable things in the same way..
                            Reply
                            1. V
                              Valentin C
                              May 17, 2017 at 11:39 am
                              The AIMPLB is scoring a self goal. Till now, the argument was that there was no evidence that Ram was born in Ayodhya. Now by taking this stand, AIMPLB which is a party to the Ayodhya dispute looks like conceding the demands of VHP. Guess Kapil Sibal got carried away in the heat of the moment. And Sibal is a Congressman. Is it a ploy by the party to get some votes?
                              Reply
                              1. I
                                Indian
                                May 17, 2017 at 11:33 am
                                SATI was also a MATTER of FAITH but was banned. .... More importantly, its the MU-SLIM WOMEN who are SEEKING JUSTICE from Supreme Court against TRIPLE TALAQ. If MUSLIM WOMEN are convinced that TRIPLE TALAQ is matter of IS-LAMIC FAITH, let them withdraw the case from SC.
                                Reply
                                1. M
                                  Md Mehrajuddin
                                  May 17, 2017 at 11:30 am
                                  Yes,triple talaq is also integral part of religious it can not be dictate by any court.By doing this they are sending wrong signal,The better if the court and parliament stay away if the Pandora Box is open then all should get ready to bear the brunt.The repurcussion will be worst then opening the lock of Babri Masjid.
                                  Reply
                                  1. S
                                    shaji
                                    May 17, 2017 at 7:49 pm
                                    I agreed and .Laws on divorce may or may not allow Triple Talaq based on the rational interpretations of the Quran and hadith traditions and the laws by the Indian ------
                                    Reply
                                  2. A
                                    Aur maro
                                    May 17, 2017 at 11:11 am
                                    Iss Sookar ko compare karna bhi nahi aata. KapSi miya having faith in Ram is not depriving anyone from their rights but having faith in triple talaq is depriving muslim women from their rights. Both KapSi And RaJetha are are forced to migrate from stan, but they have special love the their rel gion.
                                    Reply
                                    1. F
                                      faiz
                                      May 17, 2017 at 11:59 am
                                      having faith in ram mandir has caused riots and killed 10000s so think before you say next.
                                      Reply
                                    2. D
                                      deep
                                      May 17, 2017 at 11:07 am
                                      how can Lord RAM' S Birth was compared with a illegal practices in Muslim communities such as sati pratha in Hindus and other religion.It is just like believes Muhammad took birth in Mecca and Jesus in Jeru m , no one has saw this at present what we read from books Mr. Sibal has lost his mind.Triple talaq is a practice not believes ,practice can not be ruled and guided bay laws by few Mullahs , where the basic rights of human being is affected it should be immediately changed and under the preview of indian laws and cons ution , above all the Cons ution gives every rights to individuals , India has thousannds practice by various religion , castes communities when the practices become burden and violate the basic rights Indian law should take action , no one is above than law.
                                      Reply
                                      1. I
                                        indian man
                                        May 17, 2017 at 10:57 am
                                        Alaa created human being and human then created different religions. So whatever religion you worship, you are indirectly praying to Alaa. Rama was a messenger of Alaa. So Hindus must respect Alaa .
                                        Reply
                                        1. A
                                          Allah
                                          May 17, 2017 at 11:25 am
                                          You misspelled my name!! Juhannum mein jaoge aur hooorie nahin, launde milenge tumhe.
                                          Reply
                                          1. T
                                            Test
                                            May 17, 2017 at 11:35 am
                                            You make no sense! Islam is 2500 years younger then Hindusim my friend. So it's the other way around. Ram, shiva are the real gods, accept them as your true god and you will be washed off with sins. Take a dip on holy Ganga and embrace the only true god of this universe. Jor se bolo: Jai Sri Ram
                                            Reply
                                            1. I
                                              Indian
                                              May 17, 2017 at 11:39 am
                                              All HUMAN BEINGS are BORN as HI-NDUS. Then conversion to is done IS-LAM by pronouncing the SHAHADHA, to CHRI-STIANITY by BAPTISM. .... Any MUSLIM who prays to any god other than ALLAH immediately becomes a NON-MUSLIM. ............. So IS-LAM is the weakest RELIGION.
                                              Reply
                                              1. I
                                                indian man
                                                May 17, 2017 at 12:34 pm
                                                You people mind is polluted with false belief and practices. Read Quran, it will open your mind and bring you in reality.
                                            2. H
                                              Hedonist
                                              May 17, 2017 at 10:42 am
                                              AIMPLB and zero loss Sibal are comparing apples and oranges. Muhammad can be be compared with Ram.
                                              Reply
                                              1. C
                                                chander
                                                May 17, 2017 at 10:40 am
                                                Muslim personal laws requires burial after death. What if there is no more burial land available, will then Kapil Sibal argue that Indian farmers should give up their agricultural land and convert them to burial ground for muslims? Or will the Indian government through taxes raise money and give them to muslims to be buried after death in Saudi Arabia? Ayodhya is not just matter of faith. It is also based on archaeological evidence and ancient text books that had survived even though many of them were destro .
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                                                1. D
                                                  Dileep V. Sathe
                                                  May 19, 2017 at 11:24 am
                                                  Good point by Chander though not related to Teen Talaq. Some day, this point will also become very important.
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