AIMPLB to Challenge Supreme Court’s Alimony Ruling Beyond ‘Iddat’ Period

Keywords: AIMPLB, Supreme Court, alimony, iddat period, Sharia law, maintenance, Muslim divorcee women

In a significant move, the All India Muslim Personal Law Board (AIMPLB) has decided to challenge the Supreme Court’s recent ruling mandating the payment of maintenance to Muslim divorcee women beyond the period of ‘Iddat’. The decision was made during a meeting held in Delhi on Sunday, July 14, where board members discussed the legal options available in response to the Supreme Court’s order.

AIMPLB’s Stance

The AIMPLB argues that according to Sharia law, a woman is entitled to alimony only until the completion of her Iddat (waiting period), after which she is free to remarry. The board maintains that if the children remain with the woman, it is the husband’s responsibility to bear their expenses. Additionally, the board emphasized that Indian Muslims should provide their daughters with a share in property according to Sharia law. In cases where a divorced woman faces difficulties in sustaining herself, the AIMPLB suggests that the Waqf Boards of different states should take responsibility, as the board’s property belongs to Muslims.

Supreme Court Ruling

In a historic judgement on July 10, the Supreme Court ruled that Muslim women can seek maintenance from their husbands under section 125 of the Code of Criminal Procedure (CrPC). This section deals with a wife’s right to maintenance and applies to all married women, regardless of their religion. A bench of Justices BV Nagarathna and Augustine George Masih, in a separate but concurrent verdict, asserted 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.

Community Reaction

The ruling has sparked a heated debate within the Muslim community and among various personal law boards. The AIMPLB’s position is that the Supreme Court’s order contradicts Islamic Shariat 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.

Next Steps

The AIMPLB’s decision to challenge the Supreme Court’s ruling marks a pivotal moment in the ongoing discourse surrounding the intersection of religious laws and national legal frameworks. As the board prepares to take legal action, the debate over the rights and protections afforded to Muslim divorcee women under Indian law continues to evolve.

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