The All India Muslim Personal Law Board (AIMPLB) on Monday told the Supreme Court that the dispute was not just the issue of triple talaq but the prevalence of patriarchy among communities.
The board told a five-judge constitution bench headed by Chief Justice JS Khehar, which was hearing pleas challenging the constitutional validity of triple talaq, that all patriarchal societies discriminate.
Sibal told a bench, also comprising Justices Justices Kurian Joseph, RF Nariman, UU Lalit and Abdul Nazeer, that there was a difference between personal law and customs and usage.
“All patriarchal societies are partial. In Hinduism, a father can will away his property to anyone, but not in the Muslim community. I can point out many such practices in the Hindu society. Is it better for a woman to apply for divorce and fight for 16 years and get nothing,” Sibal said.
He said in some areas of Himachal Pradesh, polygamy was practised but it had been protected since it is a custom and only society will decide when to change it.
The arguments of AIMPLB remained inconclusive and will continue on Tuesday.
During the hearing, additional solicitor general Tushar Mehta said AIMPLB should apologise for justifying triple talaq in its affidavit by saying that men have greater strength to control their emotions.