New Delhi, May 16: The All India Muslim Personal Law Board today asked the Supreme Court not to "interfere" with the instant triple talaq, calling it a matter of faith, and said that any marriage-and-divorce law the government wants to enact for the community should be preceded by "discussion and debate".
Instant talaq stems from "1,400 years of faith of millions", just as the belief that Ram was born in Ayodhya is a matter of faith, board counsel Kapil Sibal said. "Any interference is unacceptable. If they (the government) want, they can enact a law, after discussion and debate," he added, referring to the Centre's offer yesterday to enact a law governing Muslim marriages and divorces if the court declared instant talaqs unconstitutional.
"You must accept other cultures. If it is bad, educate them, have a debate and then ensure a law if they accept it."
Chief Justice J.S. Khehar, who heads the five-judge constitution bench hearing challenges to the instant talaq's legality, immediately remarked: "We were asking him (attorney-general Mukul Rohatgi, the Centre's counsel) to do it through Parliament (without a court verdict) so that we don't need to hear this matter, but he did not do it."
"All this outcry... it has not echoed in the ears of the legislators," the bench remarked at another point, appearing to imply that Parliament was passing the buck to the apex court.
Yusuf Mucchala, another lawyer representing the law board, said the practice of instant talaq was undesirable but the community was gradually evolving on its own towards reforming it.
"It is (a) most undesirable (practice). They have undertaken some reforms asking people not to do it. We are working on it," he said.
Sibal said: "We all want to change but we don't want somebody else to say that you must change.... There are some customs among Hindus too that may not be acceptable, but it is for the community to decide."
He added: "It (instant talaq) has been followed for 1,400 years, whether it is right of wrong. That is a matter of faith. When this is a matter of faith where is the constitutional morality? If I have faith that Lord Ram was born at Ayodhya, then that is a matter of faith and there is no question of constitutional morality."
Sibal admitted that the Quran did not mention the word talaq but said the practice was mentioned in the Hadith, a compilation made by the followers and companions of Prophet Mohammed on the basis of his revelations."Once you (courts) start interfering, there will be no end to it. The question will arise, 'Why me (the Muslim community)?"
He added: "Today I read in a newspaper that a Dalit was not allowed a haircut."
"Even now?" asked Justice Kurian Joseph, one of the judges on the bench, which includes Justices R.F. Nariman, U.U. Lalit and Abdul Nazeer.