The All India Muslim Personal Law Board (AIMPLB) said on July 14 that it is exploring all possible measures to get the Supreme Court to “roll back” its ruling on alimony to divorced Muslim women as it is “against” Islamic law.
“The Board emphasised that the Holy Prophet had mentioned that amongst all permissible deeds the most abhorred is divorce in the sight of Allah, hence it is desirable to continue the marriage by applying all permissible measures to safeguard it and follow several guidelines mentioned in Holy Quran about it. However, if married life becomes difficult to maintain, then divorce was prescribed as a solution to mankind,” the resolution read.
“The board observed that this judgment will create further problems to women who have successfully come out of their painful relationship,” it added.
The AIMPLB has authorised its President, Khalid Saifullah Rahmani, to initiate all possible measures (legal, constitutional and democratic) to ensure that “this decision by the Supreme Court is rolled back”, AIMPLB spokesperson Syed Qasim Rasool Ilyas said after the meeting.
“It does not augur well with human reasoning that men are held responsible for maintenance of their ex-wives even when the marriage is non-existent,” the resolution further says.
The board has also decided to challenge Uniform Civil Code (UCC) law passed in Uttarakhand, while urging govt to sever strategic ties with Israel & pressure it to cease hostilities, & calling for “restoration” of the Places of Worship Act.
Earlier on July 10, in a landmark decision, the Supreme Court ruled that a divorced Muslim woman can seek maintenance from her ex-husband under Section 125 of the Criminal Procedure Code (CrPC). The ruling came in the case of one Mohd Abdul Samad Vs State of Telangana. This came after a man challenged a Telangana High Court order directing him to pay Rs 10,000 as interim maintenance to his former wife.
The historic judgment by the bench of Justice BV Nagarathna and Justice Augustine George Masih dismissed a Abdul Samad’s petition challenging a direction to pay maintenance to his divorced wife under CrPC.
Justices BV Nagarathna and Augustine George Masih delivered separate but concurring judgments affirming the rights of Muslim women. Justice Nagarathna, in her judgment, stated, “We are dismissing the criminal appeal with the conclusion that Section 125 CrPC applies to all women, not just married women.”
The bench further said that, Maintenance, is not charity, but the right of married women. “Some husbands are not conscious of the fact that the wife, who is a homemaker, is dependent on them emotionally and in other ways. The time has come when the Indian man must recognise a homemaker’s role and sacrifice,” Justice Nagarathna said.
The bench made it clear that the law for seeking maintenance applies to all married women, irrespective of their religion. The High Court further clarified that if a Muslim woman gets divorced while her application under Section 125 CrPC is pending, she can also seek recourse under the Muslim Women (Protection of Rights on Marriage) Act, 2019. This act also offers additional remedies alongside Section 125 CrPC.
It is to be noted that, The Supreme Court also held that the Muslim Women (Protection of Rights on Divorce) Act 1986, passed by the Rajiv Gandhi Government in response to its Shah Bano judgment of 1985, will not prevail over secular law.
The Shah Bano case, decided in 1985, was a crucial moment in the history of Muslim women’s rights in India.
Shah Bano, a divorced Muslim woman, had filed a suit for maintenance against her husband, Mohammed Ahmed Khan. The Supreme Court ruled in her favour, granting her the right to maintenance under Section 125 of the Criminal Procedure Code (CrPC). This judgment sparked widespread controversy, with Muslim bodies, politicians and clerics arguing that it was in conflict with Islamic law.
In response to the backlash, the then Rajiv Gandhi Government enacted the Muslim Women (Protection of Rights on Divorce) Act 1986. This act restricted the right of Muslim divorcees to alimony from their former husbands for only 90 days after the divorce also known as the iddat period.
The Act was seen as discriminatory, as it denied Muslim women the right to basic maintenance available to women under secular law.
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