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Muslim law board in a huddle seeking rollback of SC's alimony order
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  • Muslim law board in a huddle seeking rollback of SC's alimony order

Muslim law board in a huddle seeking rollback of SC's alimony order

FP Staff • July 15, 2024, 13:15:26 IST
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All India Muslim Personal Law Board (AIMPLB) spokesperson Syed Qasim Rasool Ilyas said the board has also decided to talk to the Central government and the Opposition on the matter

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Muslim law board in a huddle seeking rollback of SC's alimony order
Source: PTI

The Supreme Court’s ruling on alimony to divorced Muslim women was “against the Islamic law (Shariah)”, the All India Muslim Personal Law Board (AIMPLB) said. The board has also authorised its president to initiate as well as explore all possible measures to get the apex court “roll back” its order.

The AIMPLB Working Committee met on Sunday to discuss the Supreme Court verdict on the maintenance of Muslim divorcee women and emphasised that the “Holy Prophet had mentioned that amongst all permissible deeds the most abhorred is divorce in the sight of Allah, hence it is desirable to continue the marriage by applying all permissible measures to safeguard it and follow several guidelines mentioned in Holy Quran about it."

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‘Divorce a solution to mankind’

“However, if married life becomes difficult to maintain, then divorce was prescribed as a solution to mankind,” the resolution further stated.

“The board observed that this judgment will create further problems to women who have successfully come out of their painful relationship,” it added.

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AIMPLB president, Khalid Saifullah Rahmani, has been authorised to initiate all possible measures (legal, constitutional and democratic) to ensure that “this decision by the Supreme Court is rolled back”, the board’s spokesperson Syed Qasim Rasool Ilyas informed after the meeting.

Muslim board to speak to Central govt & Opposition

A report by The Indian Express quoted Ilyas as saying that AIMPLB has also decided to talk to the Central government and the Opposition on this matter.

Divorced Muslim woman can claim alimony from husband husband after divorce: SC

The Supreme Court on Wednesday (July 10) had ruled that a Muslim woman in India is entitled to seek alimony from her husband after divorce by filing a claim under Section 125 of the Code of Criminal Procedure (CrPC).

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The court dismissed the petition of a Muslim man, Mohd Abdul Samad, who had filed a plea against the direction to pay interim maintenance to his divorced wife under Section 125 CrPC.  

The top court said maintenance is not charity but the right of married women and it is applicable to all married women irrespective of their religion.

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Also Read: Indian Muslim women can claim alimony from husband after divorce, rules Supreme Court

“Some husbands are not conscious of the fact that the wife, who is a homemaker, is dependent on them emotionally and in other ways. The time has come when the Indian man must recognise a homemaker’s role and sacrifice,” the judge said.  

The SC also specified that if during the pendency of application under Section 125 CrPC, the concerned Muslim woman gets divorced, then she can take recourse to Muslim Women (Protection of Rights on Marriage) Act, 2019 which provides remedy in addition to the remedy under Section 125 CrPC.    

With inputs from agencies

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