The All India Muslim Personal Law Board (AIMPLB) is gearing up to contest a recent Supreme Court ruling that requires Muslim men to provide maintenance to their divorced wives beyond the traditional ‘Iddat’ period.
This move, as confirmed by an AIMPLB member, has sparked significant debate within the Muslim community and among various personal law boards.
The AIMPLB’s legal committee is currently scrutinizing the Supreme Court’s decision to identify potential legal grounds for a challenge.
The board argues that the ruling conflicts with Islamic Shariat law, which mandates that a husband must only provide maintenance for the duration of the Iddat period, a span of approximately three months following a divorce.
Post this period, the woman is likely to remarry or live independently, absolving the former husband of any further financial responsibility.
Maulana Khalid Rashid Farangi Mahali, a prominent AIMPLB member, voiced concerns about the ruling’s implications on Islamic traditions and gender equality.
He stated, “Our legal team will examine the order in detail. The Constitution allows every citizen to live by the customs of their religion. For Muslims, personal laws are integral to daily life, including marriage and divorce.”
Divergent Views On Maintenance Obligations:
Maulana Mahali further questioned the rationale behind the Supreme Court’s directive to extend maintenance obligations beyond the Iddat period.
He questioned, “When the marital bond is severed, why should maintenance continue? On what grounds should a man be responsible for someone who is no longer his spouse?”
In response to the ruling, the AIMPLB has scheduled a meeting on Sunday to deliberate on the Supreme Court’s order and determine the next steps.
Spokesperson Syed Qasim Rasool Ilyas however emphasized the board’s stance, stating that the decision infringes on Shariat law and the constitutional protections provided under the Shariat Application Act and Article 25, which guarantees freedom of religious practice.
“We are evaluating all legal and constitutional remedies,” Ilyas stated. “Our legal committee’s conclusions will shape our subsequent actions, which might include filing a review petition.”
Support From Shia Community & Women’s Advocates:
Contrastingly, the All India Shia Personal Law Board (AISPLB) has welcomed the Supreme Court’s decision. AISPLB General Secretary Maulana Yasoob Abbas hailed the ruling as a humanitarian measure that benefits women.
“The court’s order is advantageous for women on humanitarian grounds,” Abbas commented. “While religious perspectives are important, the well-being of women should take precedence. A woman dedicates her prime years to her husband and family, and it is unfair to abandon her post-divorce.”
Meanwhile, Shaista Amber, President of the All India Muslim Women Personal Law Board, echoed similar sentiments, arguing for the balance between religious doctrines and humanitarian considerations.
“This ruling raises crucial questions about the interpretation and relevance of personal laws in modern society. Women deserve lifetime maintenance, and abandoning them after three months is unjust,” she asserted.
Maulana Nazar, State Vice President of Jamiat Ulema-e-Hind, expressed concerns about the ruling’s alignment with constitutional provisions on religious freedom.
“The Supreme Court’s decision conflicts with the Constitution’s guarantee of religious liberty. The court should reconsider the provisions of Muslim law in its judgment,” he said.
As the AIMPLB prepares its legal response, the debate continues to highlight the intersection of religious traditions and contemporary legal interpretations, with significant implications for the Muslim community in India.
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