Muslim Board to Challenge SC Ruling

Prev Next

Recently, the All India Muslim Personal Law Board announced its plan to challenge the Supreme Court's recent ruling that permits divorced Muslim women to claim maintenance after the 'Iddat' period.

The board also intends to challenge the newly enacted Uniform Civil Code (UCC) law in Uttarakhand.

These decisions were made during a working committee meeting, under which eight resolutions were approved.
One of the resolutions concerns the Supreme Court's judgment, which contradicts Sharia law.
Recently, the Supreme Court unequivocally ruled that Section 125 of the Code of Criminal Procedure (CrPC) applies to all married women, including Muslims.
- The court emphasized that Indian men must unequivocally recognize the significance of homemakers by providing unwavering financial support, such as joint accounts and unfettered access to ATMs.
The board highlights that diversity is our country's identity, protected by the Constitution. The UCC aims to erase this diversity, challenging both constitutional and religious freedoms.
The legal committee is preparing to challenge the UCC law enacted in Uttarakhand.

Section 125 of the CrPC mandates that a Magistrate of the first class may order a person with sufficient means to make a monthly allowance for the maintenance of:
- His wife, if she is unable to maintain herself.
- His legitimate or illegitimate minor child, whether married or not, unable to maintain itself.
- His legitimate or illegitimate adult child with physical or mental abnormalities or injuries that render them unable to maintain themselves.
- His father or mother, unable to maintain themselves.

A divorced Muslim woman is entitled to a reasonable and fair provision and maintenance from her former husband, to be paid within the iddat period.
Iddat is a period, usually of three months, which a woman must observe after the death of her husband or a divorce before she can remarry.

Print PDF Print This Article

Prev Next

State PCS Current Affairs