‘SC Verdict On Alimony To Muslim Women Against Islam’: Muslim Board To Challenge Judgment, UCC

The All India Muslim Personal Law Board (AIMPLB) on Sunday passed a resolution authorising its President to explore all possible measures to ensure that the Supreme Court verdict upholding right to maintenance of Muslim women under Section 125 of CrPC is overturned.

The Muslim Personal law board asserted that the Supreme Court verdict on maintenance to Muslim women was against Islamic law and authorised its president to explore all possible measures to ensure that this decision is overturned, the PTI reported.

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The board will also move the Uttarakhand High Court against the Uniform Civil Code (UCC) brought in the state.

After a meeting the board adopted a resolution which stated that the recent judgment of the Supreme Court on the maintenance of Muslim divorcee women is against the Islamic law (Shariah).

This comes just few days after the Supreme Court ruled that a Muslim woman can seek maintenance from her husband under Section 125 of the CrPC in addition to provision under the Muslim Personal law.

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The top court ruled that the provison is a secular law and is applicable to all married women irrespective of their religion.

A bench of justices BV Nagarathna and Augustine George Masih gave two separate but concurring verdict and held that the Section 125 of the CrPC applies to all married women including Muslim married women. Section 125 of the CrPC also applies to all non-Muslim divorced women.  

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The Board issued a statement emphasising 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. However, if married life becomes difficult to maintain, then divorce was prescribed as a solution to mankind, the report by PTI said.

The board contends that this verdict will create further problems to women who have successfully come out of their painful relationship, the statement.