The resolution that was recently issued by the All India Muslim Personal Law Board (AIMPLB) declared that the Supreme Court’s decision regarding support for divorced Muslim women was “against Islamic law (Shariah),” according to news sources. According to sources, the president of the board has been given permission to take all necessary actions to ensure that this decision is overturned.
Supreme Court’s Decision on Maintenance for Divorced Muslim Women
A Muslim woman who has been divorced by “triple talaq” may petition her husband for maintenance under Section 125 of the Code of Criminal Procedure (CRPC), the Supreme Court has previously decided. According to the court, married women are covered by this “religion-neutral” clause regardless of their personal law.
The Muslim Women Act, 1986
The Muslim Women (Protection of Rights on Divorce) Act, 1986, asserts that the secular provisions of the law supersede the argument that Section 125 of the CRPC is inapplicable because Muslims have personal law. This bench, composed of Justices BV Nagarathna and AG Masih, firmly rejected the argument.
AIMPLB’s Stand on Divorce
According to The Indian Express, the AIMPLB working committee underlined in a meeting in Delhi that the Holy Prophet had said that it is better to keep a marriage intact by all legal means and that divorce is the most despised deed that is acceptable in Allah’s eyes. However, divorce is seen as a solution if married life becomes intolerable.
Challenges Faced by Divorced Women
The board contended that women who have ended unpleasant relationships may face additional challenges as a result of the Supreme Court’s ruling. They argued that it is absurd to expect a man to support his ex-wife once their marriage has ended.
Authority Given to AIMPLB President
The board gave its president, Hazrat Maulana Khalid Saifullah Rahmani, the authority to use every legal, constitutional, and democratic tool at his disposal to reverse the ruling of the highest court. Syed Qasim Rasool Ilyas, a spokesman for the AIMPLB, said that they also made the decision to discuss this issue with the opposition and the federal government.
Opposition to Uniform Civil Code
The AIMPLB passed five further resolutions, one of which was in opposition to the Uniform Civil Code (UCC), in addition to the alimony problem. Ilyas said that a petition has been drafted by the AIMPLB legal team and will be submitted to the Uttarakhand High Court later this month.
