The All India Muslim Personal Law Board (AIMPLB) has announced that it will challenge the recent Supreme Court decision mandating maintenance payments to divorced Muslim women beyond the period of 'Iddat'. The decision to challenge the verdict was taken during a meeting in Delhi on Sunday.
The AIMPLB met to discuss the implications of the Supreme Court's decision and explore the legal options available to it. During the meeting, the board members argued that under Sharia law, a woman is entitled to maintenance only until the end of her Iddat (waiting period). After this period, the woman can remarry and the husband's obligation to pay maintenance ends.
The council also stressed that if the children remain with the mother after divorce, the husband will have to bear the expenses. In addition, the AIMPLB stressed the importance of ensuring that Indian Muslims give their daughters a share of the property as per Shariah law. The council suggested that the Waqf Councils of various states should support a divorced woman if she faces financial difficulties as the councils' property belongs to the Muslims.
This announcement follows the historic Supreme Court verdict on July 10, which ruled that Muslim women can claim maintenance from their husbands under Section 125 of the Code of Criminal Procedure (CrPC). This section, which deals with a wife's right to maintenance, applies to all married women irrespective of their religion. A bench comprising Justices BV Nagarathna and Augustine George Masih delivered the concurrent verdict and clarified that Section 125 of the CrPC also applies to Muslim women. “We hereby dismiss the appeal in the criminal case with the main conclusion that Section 125 is applicable to all women and not just married women,” Justice Nagarathna said while delivering the verdict.
The Supreme Court's verdict has sparked a heated debate within the Muslim community and various personal rights committees. The AIMPLB's stance is based on the belief that the order is contrary to Islamic Sharia law, which stipulates that a husband is liable to pay maintenance only during the Iddat period (a period of three and a half months) after a divorce. After this period, the woman can remarry or live independently, and the former husband is no longer responsible for her maintenance.
Published on: Monday, July 15, 2024, 02:42 IST
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