New Delhi: The All India Muslim Personal Law Board (AIMLB) has convened a meeting on Sunday to discuss the legal options in the wake of Supreme Court ruling relating to the maintenance to divorced women.
In a ruling seen as interference in the Muslim Personal Law, the Supreme Court of India Wednesday said a former husband is obliged to give monthly amount to his divorced wife as maintenance under Section 125 of the Code of Criminal Procedure.
As per the Muslim Personal Law, a divorced woman is entitled to maintenance only for 90 days, which is the duration of Iddat. This is also as per the Muslim Women (Protection of Rights on Divorce) Act, 1986.
The Supreme Court in its verdict however said a divorced woman is entitled to monthly maintenance beyond 90 days.
Commenting on the SC ruling, Maulana Khalid Rashid Farangi Mahali, a member of the Muslim Panel, warned about the dire implications.
“After divorce the relationship between husband and wife ends. They are strangers now and free to move on”, he said.
“In what capacity should a man pay maintenance to someone with whom he no longer shares a marital bond?” he asked.
He said the AIMPLB has convened a meeting Sunday to discuss the Supreme Court’s order and deliberate on the legal options available.
“According to the Constitution, every citizen has the right to live according to the customs of their religion. For communities with personal laws, like Muslims, these laws guide their daily lives, including matters of marriage and divorce”, he said.
“Our legal committee will review the SC order and decide the future course of action”, he said.
AIMPLB Spokesperson Syed Qasim Rasool Ilyas also emphasised that the SC verdict was perceived as a violation of Shariah law and the constitutional protections under the Shariat Application Act and Article 25, which guaranteed the freedom to practice religion.
“We are exploring all legal and constitutional remedies,” Ilyas said.
Jamiat e Ulema Hind, one of the largest representative bodies of Indian Muslims, has also expressed concerns over the SC verdict.
[Feautred image used here for representation is generated by AI.]
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