Lucknow: The All India Muslim Personal Law Board (AIMPLB) announced on Sunday that it will challenge the Supreme Court’s recent decision mandating the payment of maintenance to Muslim divorcee women beyond the period of ‘Iddat’.
This decision was made during a meeting held in Delhi to discuss the implications of the court’s order and to explore legal options.
In the meeting, the AIMPLB argued that according to Sharia law, a woman is entitled to alimony only until the completion of her Iddat (waiting period). After this period, she is free to remarry. The board also stated that if the children remain with the woman, it is the husband’s responsibility to bear their expenses.
The Personal Law Board further contended that Indian Muslims should provide their daughters with a share in property according to Sharia law. Additionally, it stated that if a divorced woman faces difficulties in sustaining herself, the Waqf Boards of different states should take responsibility, as the board’s property belongs to Muslims.
The Supreme Court, in a historic judgment on July 10, ruled that Muslim women can seek maintenance from their husbands under Section 125 of the Code of Criminal Procedure (CrPC). This section, which deals with a wife’s right to maintenance, applies to all married women regardless of their religion.
A bench of Justices BV Nagarathna and Augustine George Masih stated in a separate but concurrent verdict that Section 125 of the CrPC addresses a wife’s legal right to maintenance and applies to Muslim women as well. “We are hereby dismissing the criminal appeal with the major conclusion that Section 125 would be applicable to all women and not just married women,” Justice Nagarathna said while pronouncing the verdict.
The ruling has sparked a heated debate within the Muslim community and among various personal law boards. The AIMPLB’s position is that the order contradicts Islamic Sharia law, which stipulates that a husband is obligated to pay maintenance only during the Iddat period (a three-and-a-quarter-month timeframe) following a divorce. After this period, a woman is free to remarry or live independently, and the former husband is no longer responsible for her maintenance.