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'Against Shariah law': Muslim law board adopts resolution to overturn SC judgement granting alimony rights to divorced Muslim women

'Against Shariah law': Muslim law board adopts resolution to overturn SC judgement granting alimony rights to divorced Muslim women

Earlier, the Supreme Court had ruled that a Muslim woman, divorced through "triple talaq," can seek maintenance from her husband under Section 125 of the Code of Criminal Procedure (CRPC).

Arnav Das Sharma
Arnav Das Sharma
  • Updated Jul 15, 2024 4:22 PM IST
'Against Shariah law': Muslim law board adopts resolution to overturn SC judgement granting alimony rights to divorced Muslim womenEarlier, the Supreme Court had ruled that a Muslim woman, divorced through "triple talaq," can seek maintenance from her husband under Section 125 of the Code of Criminal Procedure (CRPC).

The All India Muslim Personal Law Board (AIMPLB) has adopted a resolution declaring the recent Supreme Court judgment on maintenance for divorced Muslim women as "against Islamic law (Shariah)," news reports claimed. As per reports, the board has authorized its president to take all necessary steps to ensure that this decision is reversed.

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Earlier, the Supreme Court had ruled that a Muslim woman, divorced through "triple talaq," can seek maintenance from her husband under Section 125 of the Code of Criminal Procedure (CRPC). The court stated that this "religion-neutral" provision applies to all married women, regardless of their personal law.

A bench consisting of Justices BV Nagarathna and AG Masih had firmly rejected the argument that Section 125 of the CRPC is inapplicable due to the existence of personal law for Muslims, asserting that the Muslim Women (Protection of Rights on Divorce) Act, 1986, does not override the secular provisions of the law.

As reported by The Indian Express, during a meeting in Delhi, the AIMPLB working committee emphasized that the Holy Prophet had stated that divorce is the most disliked permissible act in the sight of Allah, and it is preferable to maintain the marriage by all permissible means. However, if married life becomes untenable, divorce is considered a solution.

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The board argued that the Supreme Court's judgment would create further difficulties for women who have left painful relationships. They asserted that it is unreasonable to hold a man responsible for maintaining his ex-wife after the marriage has ended.

The board authorized its president, Hazrat Maulana Khalid Saifullah Rahmani, to pursue all possible measures, through legal, constitutional, and democratic means, to overturn the apex court's decision. They also decided to engage with the central government and the Opposition on this matter, according to AIMPLB spokesperson Syed Qasim Rasool Ilyas.

In addition to the alimony issue, the AIMPLB adopted five more resolutions, including one against the Uniform Civil Code (UCC). Ilyas stated that the AIMPLB legal team has prepared a petition to be filed in the Uttarakhand High Court later this month.

Published on: Jul 15, 2024 4:22 PM IST
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