Updates on Triple Talaq Hearing from Supreme Court - Day 4

In fact, Sibal compared triple talaq to the Ram Janmabhoomi issue, saying that just like many Hindus consider Ayodhya to be the birthplace of Ram, it's a matter of faith not subject to constitutional morality because it can not be verified.

When the bench asked how a Muslim man would seek divorce if the triple talaq was outlawed, Rohatgi said: "The Centre will bring out a law".

Kapil Sibbal, who is representing the case of Muslim board, said, "If I have faith that Lord Ram was born at Ayodhya, then it's a matter of faith and there is no question of constitutional morality".

He had said the irrevocable nature of triple talaq can be negated if the three-time pronouncement of talaq in one go is considered one leaving the scope for reconciliation and re-union during the "iddat" (waiting) period.

He said the apex court has to test them on the touch-stone of the fundamental rights of gender equality, justice, dignity, gender discrimination and human rights under the constitutional provisions, including Articles 14, 15, 21 and 51A.

The Centre today requested the Supreme Court to declare the instant triple talaq unconstitutional irrespective of whether or not the Quran sanctions it, and offered to enact a new law to govern marriages and divorces among Muslims.

Nikah halala allows a woman to go back to her husband but only after she marries someone else, consummates the marriage and gets a divorce.

The top court also clarified that it had not closed the window to scrutiny of two contentious issues: polygamy and nikah halala.

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 Attorney-General said all three forms of triple talaq - talaq-e-biddat, talaq hasan and talaq ahasan - are "unilateral, extrajudicial, unequal" and have to be struck down. Muslims are practising it for last 1,400 years. The national Law Commission a year ago sought public views on whether to abolish the practice, triggering a debate between politicians and religious leaders.

Sibal said in Constitutional scheme, personal laws are itself protected.

Additional Solicitor General Tushar Mehta said that AIMPLB should apologise for justifying triple talaq by saying that men have greater strength to control their emotions. To which Sibal replied, "No, you shouldn't".

"Triple talaq is unconstitutional".

Another counsel appearing in the case said "triple talaq was the most undesirable form of granting divorce and we are trying to educate people not to resort to it".

The Muslim body also equated triple talaq with the Hindu belief that Lord Rama was born at Ayodhya.

"We can not go into rights and wrongs because my faith does not allow this", Sibal said. Sibal asked the apex court.

The bench insisted that the government has to prove that this practice of triple talaq was not essential to Islam and only then can it delve further into other aspects.