Muslim legal panel in consultation demands withdrawal of Supreme Court maintenance order – Firstpost

The Supreme Court's ruling on maintenance of divorced Muslim women is “contrary to Islamic law (Sharia),” the All India Muslim Personal Law Board (AIMPLB) said. The board has also empowered its president to initiate and review all possible measures to persuade the Supreme Court to “reverse” its ruling.

The AIMPLB working committee met on Sunday to discuss the Supreme Court verdict on maintenance of divorced Muslim women and stressed that “the Holy Prophet has mentioned that of all permissible deeds, divorce is the most abhorrent in the sight of Allah. Therefore, it is desirable to continue the marriage by taking all permissible measures to protect it and following several guidelines mentioned in the Holy Quran on this.”

“Divorce is a solution for humanity”

“However, when it becomes difficult to maintain married life, divorce is prescribed to humanity as a solution,” the resolution continues.

“The panel found that this ruling will create further problems for women who have successfully ended their painful relationships,” it added.

AIMPLB President Khalid Saifullah Rahmani has been empowered to take all possible measures (legal, constitutional and democratic) to ensure that “this Supreme Court decision is overturned,” the body’s spokesman Syed Qasim Rasool Ilyas said after the meeting.

Muslim committee negotiates with central government and opposition

In a report in the Indian Express, Ilyas was quoted as saying that the AIMPLB had also decided to negotiate with the central government and the opposition on the issue.

Divorced Muslim woman can demand maintenance from her husband after divorce: SC

The Supreme Court on Wednesday (July 10) ruled that a Muslim woman in India is entitled to claim maintenance from her husband after divorce by filing a suit under Section 125 of the Code of Criminal Procedure (CrPC).

The court dismissed the petition of a Muslim man, Mohd Abdul Samad, who had challenged the direction under Section 125 CrPC to pay interim maintenance to his divorced wife.

The Supreme Court stated that maintenance is not a charity but a right of married women and that this right applies to all married women regardless of their religion.

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Supreme Court rules: Muslim women in India can demand maintenance from their husbands after divorce

“Some husbands do not realise that their wife, who is a housewife, is dependent on them emotionally and in other ways. It is time for the Indian man to recognise the role and sacrifice of a housewife,” the judge said.

The Supreme Court has also ruled that if the Muslim woman concerned seeks divorce during the period of application under Section 125 CrPC, she can invoke the Muslim Women (Protection of Rights on Marriage) Act, 2019 which provides additional remedies in addition to the remedy under Section 125 CrPC.

With contributions from agencies

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