When there is no relationship, why should maintenance be paid? asks AIMPLB
To challenge SC ruling that mandates payment of maintenance to Muslim divorcee women beyond period of Iddat
Lucknow: The All India Muslim Personal Law Board (AIMPLB) is preparing to challenge a recent Supreme Court ruling that mandates the payment of maintenance to Muslim divorcee women beyond the period of ‘Iddat’.
The AIMPLB’s legal committee is meticulously studying the Supreme Court order to explore all legal avenues. The ruling has triggered a heated debate within the Muslim community and among various personal law boards. The AIMPLB’s position is rooted in the belief that the 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.
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After this period, a woman is free to remarry or live independently, and the former husband is no longer responsible for her maintenance. Maulana Khalid Rashid Farangi Mahali, a member of the AIMPLB, expressed concerns about the implications of the order on gender equality.
He said, “Our legal committee will review the order thoroughly. According to the Constitution, every citizen has the right to live according to the customs of their religion. For communities with personal laws, like Muslims, these laws guide their daily lives, including matters of marriage and divorce.”
He further elaborated on the principles of Muslim personal law, highlighting that while marriage was intended to be a lifelong commitment, provisions existed for divorce if irreconcilable differences arose. He questioned the rationale behind extending maintenance obligations beyond the ‘Iddat’ period, arguing, “When there is no relationship, why should maintenance be paid? In what capacity should a man be responsible for someone with whom he no longer shares a marital bond?”
The AIMPLB is set to convene a meeting to discuss the Supreme Court’s order and deliberate on the legal options available. AIMPLB Spokesperson Syed Qasim Rasool Ilyas elaborated the board’s stance, emphasising that the order was perceived as a violation of Shariat law and the constitutional protections afforded by the Shariat Application Act and Article 25, which guaranteed the freedom to practice religion.
“We are exploring all legal and constitutional remedies,” Ilyas said. “Our legal committee’s findings will guide our next steps, which could include filing a review petition.” In contrast, the All India Shia Personal Law Board (AISPLB) has expressed support for the Supreme Court’s decision. AISPLB General Secretary Maulana Yasoob Abbas praised the ruling, framing it as a humanitarian gesture that prioritised the welfare of women.
