"If both marriage and divorce are contracts then why should others have a problem with triple talaq especially when it is a practise of 1,400 years?". Sibal was arguing on behalf of the All India Muslims Personal Law Board which had opposed the striking down of triple talaq. A five-judge Bench of the Supreme Court is hearing a batch of petitions challenging the constitutional validity of triple talaq.
Sibal went on to state that the practice of triple talaq has been observed for the past 1,400 years. Who are we to question it as un-Islamic, he asked. Sibal then sought to know what would happen if the Parliament did not come up with a divorce law for Muslims. Sibal was referring to the AG's statement in the court on Monday where he assured that a new divorce law for Muslims would be in place, if triple talaq is struck down.
Sibal also went on to state that family and social norms could never be tested with the touchstone of constitutional morality, a ground Centre had argued vociferously. he even said that if Hindus believe Lord Ram was born in Ayodhya, then this faith cannot be questioned on the ground of constitutional validity. If tfaith of Hindus about Ram's birth cannot be questioned then triple talaq is a matter of faith for Muslims.
When the Supreme Court bench asked if e-divorce was in practice, Sibal responded that WhatsApp divorce too was in practice. "Instant divorce is a practice in many countries. Marriage is a contract and Nikahnama is the heart of it. If the Nikahnama is changed by some statute, I would say that you are changing my very faith, but if I agree to that change on an individual basis, it is okay. However I should not be compelled to do it," Sibal told the court.