On Sunday(14th July),The All India Muslim Personal Law Board (AIMPLB) plans to challenge the Supreme Court’s ruling on maintenance for divorced women after the Iddat period and the implementation of the Uniform Civil Code (UCC) in Uttarakhand. During their working committee meeting, they approved eight resolutions addressing these issues.
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NEW DELHI: On Sunday(14th July), The All India Muslim Personal Law Board (AIMPLB) announced its intention to challenge the recent Supreme Court verdict allowing divorced women to claim maintenance after the period of “Iddat”. Additionally, the Board plans to contest the implementation of the Uniform Civil Code (UCC) law passed in Uttarakhand.
During a working committee meeting held by the AIMPLB, several significant issues were deliberated upon. Syed Qasim Rasool Ilyas, the spokesperson for the Board, revealed that eight resolutions were approved during the meeting.
“The first resolution addresses the recent Supreme Court judgment, which conflicts with Sharia law. The resolution emphasizes that marriage in Islam is regarded as a sacred bond and that Islam strives to prevent divorce. The Supreme Court’s decision claims to be in the ‘interest of women,’ but from the perspective of marriage, it could create problems for women. If a man is required to provide maintenance even after divorce, it may deter him from divorcing. Consequently, if bitterness persists in the relationship, it could lead to greater suffering for women. We will consult with the legal committee to explore how this decision can be overturned.”
– Ilyas said.
On July 10, the Supreme Court ruled that Section 125 of the Code of Criminal Procedure (CrPC) applies to all married women, including Muslim women, allowing them to claim maintenance from their husbands. The court emphasized the necessity for Indian men to recognize the crucial role and sacrifices of ‘homemakers’, who are the strength and backbone of Indian families. The justices suggested that men should ensure financial support for their wives, including maintaining joint accounts and ATMs.
A bench comprising Justices BV Nagarathna and Augustine George Masih declared that Section 125 CrPC, which addresses a wife’s legal right to maintenance, is applicable to all women. Consequently, a divorced Muslim woman can claim maintenance from her husband under this section.
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Addressing the issue of the UCC, Syed Qasim Ilyas stated that the Board’s legal committee is actively working on challenging the UCC law in Uttarakhand.
“Our country’s identity thrives on diversity, a principle enshrined in our Constitution. The Uniform Civil Code (UCC) seeks to undermine this diversity, posing a threat not only to constitutional values but also to religious freedom. The recent passage of the UCC in Uttarakhand has sparked significant controversy. We have resolved to contest this legislation in Uttarakhand, and our legal committee is actively preparing for the challenge.”
-he added.
The spokesperson further underscored the ongoing disputes rooted in religious differences across the country, referring to the Worship Places Act of 1991. This act, which aims to maintain the religious character of places of worship as it existed on August 15, 1947, is cited by the Board as an essential legal instrument in preserving religious harmony and protecting religious sites from conversion.
In light of recent developments concerning religious disputes and communal tensions in India, prominent figures have voiced concerns over the legal frameworks and societal implications involved. Qasim Ilyas, a notable advocate, addressed these issues in a recent court appearance, highlighting the need for judicial clarity and adherence to constitutional principles.
“In our country, prior to the Babri Masjid incident, there existed the Worship Places Act of 1991. Many believed that the Babri Masjid dispute would be the final religious conflict in India. However, it is unfortunate that new disputes continue to arise. We are arguing in court that these disputes should not fall under the purview of the Worship Places Act. We urge the Supreme Court to address these recent disputes within the framework of current religious laws.”
-said Qasim Ilyas, underscoring the complexities surrounding legal interpretation and religious sensitivities.
Ilyas further emphasized the alleged increase in mob lynching incidents across the nation, despite electoral mandates against hatred and division.
“The recent Lok Sabha election results unequivocally reflect a rejection of sentiments driven by hatred and animosity. However, despite this mandate, incidents of mob lynching have not diminished. Since the election, there have been 11-12 reported cases of mob lynching. This brutal behavior undermines the principles of law and order. It is the rightful duty of the law to punish those who commit crimes.”
-he stressed, pointing out the critical role of law enforcement in maintaining social order and justice.
Turning his attention to international affairs, particularly the ongoing conflict in Palestine, Ilyas called upon the Indian government to reassess its diplomatic ties with Israel in light of humanitarian concerns.
“The issue of Palestine remains significant, with our country consistently supporting the two-nation theory. It is widely acknowledged that Israel’s occupation of the region is illegal. The ongoing conflict has resulted in the tragic loss of thousands of lives. It is concerning that some major nations continue to support Israel despite these circumstances. The board has strongly condemned this stance and expressed disappointment in the response from Muslim countries.”
– he remarked, highlighting the global implications of regional conflicts on humanitarian grounds.
“The board urges the government to sever strategic ties with Israel and actively push for a ceasefire. Our country should intervene in this conflict, akin to our involvement in the Russia-Ukraine war.”
-he added, advocating for a proactive approach to international diplomacy aligned with India’s historical stance on peace and justice.
