Lagatar24 Desk
Lucknow and Meerut: The All India Muslim Personal Law Board (AIMPLB) is contemplating challenging a recent Supreme Court ruling that mandates maintenance payments to Muslim divorcee women beyond the ‘Iddat’ period. The AIMPLB’s legal committee is meticulously examining the order to explore all possible legal avenues.
The Supreme Court’s decision has ignited a debate within the Muslim community and among various personal law boards. The AIMPLB argues that the ruling contradicts Islamic Shariat law, which stipulates that a husband is only obligated to pay maintenance during the ‘Iddat’ period, a three-and-a-quarter-month timeframe following a divorce. Post this period, a woman is free to remarry or live independently, and the former husband is no longer responsible for her maintenance.
Maulana Khalid Rashid Farangi Mahali, a member of the AIMPLB, expressed concerns about the order’s implications on gender equality. He stated, “Our legal committee will review the order thoroughly. 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.”
Farangi Mahali questioned the rationale behind extending maintenance obligations beyond the ‘Iddat’ period, arguing, “When there is no relationship, why should maintenance be paid? In what capacity should a man be responsible for someone with whom he no longer shares a marital bond?”
The AIMPLB plans to convene a meeting on Sunday to discuss the Supreme Court’s order and deliberate on the legal options available. AIMPLB spokesperson Syed Qasim Rasool Ilyas emphasized that the order is perceived as a violation of Shariat law and the constitutional protections afforded by the Shariat Application Act and Article 25, which guarantees the freedom to practice religion. “We are exploring all legal and constitutional remedies,” Ilyas stated. “Our legal committee’s findings will guide our next steps, which could include filing a review petition.”
In contrast, the All India Shia Personal Law Board (AISPLB) has expressed support for the Supreme Court’s decision. General Secretary Maulana Yasoob Abbas praised the ruling, framing it as a humanitarian gesture that prioritizes the welfare of women. “On humanitarian grounds, the court’s order is very beneficial for women,” Abbas remarked. “Not everything should be viewed through the lens of religion. If a woman receives maintenance following a court order, it is a positive step for her. Those who bring religion into this debate should acknowledge the fact that a woman gives the best days of her life to her husband, his family, and their children. She gives her best in their service but once she is divorced you turn your back on her.”
Shaista Amber, President of the All India Muslim Women Personal Law Board, stated, “This order highlights the balance between religious doctrines and humanitarian considerations, raising questions about the interpretation and application of personal laws in contemporary society. I have fought for the rights of women, and they deserve maintenance for the rest of their lives. No one can turn their back on them after a three-month and ten-day period.”
Maulana Nazar, state vice president of Jamiat Ulema-e-Hind, commented, “The Constitution has given religious liberty, and the decision of the Supreme Court clashes with this provision of the Constitution. The court should have a look into the provisions of Muslim law. Under such circumstances, the court should review its order.”
Maulana Zulfiqar, state president of the Imam Association, stated that he had not read the entire decision yet and was waiting for the views of the Muslim Personal Law Board. He recalled the famous Shah Bano case of 1985, where a similar decision was made, but the government later amended it to stipulate that maintenance would only be given during the ‘Iddat’ period.
Social activist Iram Usmani from Deoband welcomed the court’s decision, stating, “It’s a good decision in support of women. How will a woman and her children survive after separation? Such decisions will help her live her life after talaq.” She also recalled the Shah Bano case, noting that the government made amendments after the court’s decision.
As the AIMPLB prepares to take further action, the debate between tradition and modernity continues to unfold, with significant implications for the legal landscape and the lives of Muslim women across India.
