The Supreme Court has ruled that divorced Muslim women also have the right to claim maintenance under Section 125 of the CRPC, 1973, against their former husbands. Justices B.V. Nagarathna and Augustine George Masih dismissed a petition challenging a Telangana High Court directive to pay a maintenance allowance of ₹10,000 per month to a divorced Muslim wife, asserting that all Muslim women can claim maintenance under Section 125 after divorce. The top court emphasized that relief under Section 125 of the Criminal Procedure Code is a social security measure that operates independently of Muslim personal law.
While this Supreme Court decision is perceived as an intervention in Muslim personal law, Dr. Asma Zahra, president of the All India Muslim Women’s Association, stated,
“Islam has not made us Muslim women so helpless that we should depend on our ex-husbands. Islam has empowered Muslim women and allows them to remarry after divorce. Marriage in Islam is not an eternal bond, and if it breaks, the woman’s dependence on her ex-husband lasts only three months or until her ‘iddat’ period. The media always becomes obsessed with giving rights to Muslim women. Look, Muslims are only 14% in this country. There are major problems faced by women across the country. NCRB data shows that crimes against women are prevalent, but the media seldom pays attention to it and only tries to portray Muslim women as helpless and vulnerable, which is clearly biased against Muslim women.”
Reacting to this decision, Professor Akhtarul Wasey said,
“This Supreme Court decision is not new. Such decisions continue to be made, and the All India Muslim Personal Law Board should take a final stance on this issue. We need to consider the social conditions of Muslims, examine our treatment of Muslim women, and find ways to protect people from harm.”
In this context, when Millat Times spoke with Niaz Ahmed Farooqui, Secretary-General of the Jamiat Ulema Hind, he said,
“This is an ongoing issue. Sensationalism occurs every few days, and then the entire community rallies behind it, even though this matter has been settled. The decision falls under Section 125 of criminal law. Personal laws cannot interfere. In 2001, in the case of Danial Latifi, the Supreme Court clarified that the rights under Section 125, available to other women, are also available to Muslim women. Therefore, this is not a new decision. Whenever a case is fought, a decision is reached, and the media sensationalizes it, causing distress to the community.”
Yesterday’s Supreme Court decision giving lifelong alimony to divorced Mulim women is against Sharia laws. In India Muslims are governed by Shariat Application Act which is based on Sharia, as Hindus are governed by Hindu Code. Art. 25 of the Constitution also guarantees freedom of religion. Therefore court must restrain applying IPC or Cr. PC. contradicting the above provisions.
All India Muslim Personal Law Board’s legal committee is studying SC judgment. On its advice board may seek legal and other options available to us, said Dr. S. Q. R. Ilyas, Spokesperson, All India Muslim Personal Law Board.
