- ‘If there is a consensus among Muslim scholars that it is a practice then it is valid’
- ‘Triple talaq is going on since 1,400 years, how can you say it is unconstitutional?’
- ‘Only 0.4 per cent is practising it (Triple Talaq) and this is not a ground to strike it down’
Noted senior lawyer and Congress leader Kapil Sibal is defending the practice of triple talaq on behalf of the All India Muslim Personal Law Board in the Supreme Court. Some of the statements that he has made seem rather anti-women and bordering on really being old-fashioned when it comes to arguing for the practice. Here are few of the lines that stood out in his arguments, gaining him a lot of criticism
A five-judge Constitution bench headed by Chief Justice J S Khehar has reserved its verdict on a clutch of pleas challenging the constitutional validity of triple talaq among Muslims after hearing parties including the Centre, the All India Muslim Personal Law Board, the All India Muslim Women Personal Law Board and various others for six days during summer vacation.
The Supreme Court had asked Muslim bodies how can a practice like triple talaq be a matter of "faith" when they have been asserting that it is "patriarchal", "bad in theology" and "sinful"? To which Kapil Sibal told Supreme Court that triple talaq is an 'age-old tradition and could not be considered unconstitutional'.
Here are few other statements Kapil Sibal made while arguing the case:
#He said that the issue stands at a dangerous and slippery slope and "all must be careful about it" and this was not an area where court should enter. "If there is a consensus among Muslim scholars that it is a practice then it is valid. There is nothing in the Quran which says triple talaq is not valid."
#Triple Talaq is going on since 1,400 years, how can you say it is unconstitutional? It's a matter of faith. "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."
#The Muslim community is like small birds on which golden eagle preys. "When it comes to Hindu law, you protect all customs but when it comes to Muslim, you start raising questions over customs. Like when it comes to Dowry prohibition Act or Guardianship Act you follow customs and protect them"
# Only 0.4 per cent is practising it (Triple Talaq) and this is not a ground to strike it down.
#"We are living in a new age. There should be reform, but it has to come from within the community. Others cannot dictate to us how we should reform. Many customs and usages practised by the Hindus need to be kicked out. But leave it to the communities to do so."
Last Updated 31, Mar 2018, 6:38 PM IST