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Prophet Mohammad, Quran… SC’s decision to give alimony to Muslim women is against Sharia

By Renu Mishra 
Updated Date

New Delhi. The All India Muslim Personal Law Board (AIMPLB) on Sunday said that the Supreme Court’s decision to grant alimony to Muslim women is against Islamic law and the board authorized its president to explore all possible legal remedies to reverse the decision. The board also decided to challenge the Uniform Civil Code (UCC) implemented in Uttarakhand in the state’s High Court.

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After its working committee meeting here, the board passed a resolution stating that the Supreme Court’s recent decision on the maintenance of Muslim divorced women is ‘against Islamic law (Sharia).’ The Supreme Court said that a Muslim woman can demand maintenance from her husband under Section 125 of the Code of Criminal Procedure (CrPC).

The apex court also said that the ‘religion neutral’ provision applies to all married women, irrespective of their religion. The Supreme Court said that if Muslim women are married under Muslim law and are divorced, then the provisions of section 125 of CrPC as well as the Muslim Women (Protection of Rights on Divorce) Act 1986 apply.

The court said that Muslim divorced women have the option to seek relief under either of the two laws or both the laws. The apex court said that this is because the 1986 Act does not violate section 125 of CrPC, but is in addition to the said provision.

In a statement issued after the meeting, the AIMPLB said that Prophet Mohammad had mentioned that the worst deed in the eyes of Allah is to give divorce, so all measures should be implemented to save the marriage and the guidelines mentioned in the Quran in this regard should be followed. The statement said that if it is difficult to continue the marriage, then the provision of divorce has been made as a solution for mankind.

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Board spokesperson S.Q.R. Ilyas said at a press conference here that the AIMPLB has authorised its president Khalid Saifullah Rahmani to ensure that all “legal, constitutional and democratic” measures are initiated to “overturn” the Supreme Court’s decision.

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