New Delhi: On July 14, the All India Muslim Personal Law Board (AIMPLB) announced its intention to challenge both the Uttarakhand government’s decision to implement a Uniform Civil Code (UCC) and a recent Supreme Court ruling requiring alimony for divorced women.
During a meeting presided over by AIMPLB President Maulana Khalid Saifullah Rahmani, the board discussed several issues, including mob lynching, the Places of Worship Act, Palestine, waqf properties, the Supreme Court’s maintenance ruling, and the UCC. Following the meeting, Board Spokesperson Dr. S. Q. R. Ilyas addressed the media at the Press Club of India.
Dr. Ilyas stated that the board would contest the Supreme Court decision using “all possible measures legal, constitutional, and democratic.” He criticized the ruling, arguing that it contradicts Islamic ethical standards by requiring Muslim men to continue paying alimony to their divorced wives. He emphasized that Islam prefers the maintenance of marriages, quoting the Prophet Muhammad: “Among permissible acts, divorce is most disliked by Allah.” He added that divorce is advised only when marital life becomes intolerable.
Dr. Ilyas further explained, “The Board observed that this judgment will create further problems for women who have successfully left painful relationships. It is unreasonable to hold a man responsible for maintaining his ex-wife when the marriage no longer exists.” He suggested that the ruling, hailed as a “landmark judgment,” actually works against women’s interests and advised Muslims to use Islamic arbitration institutes, such as Darul Qaza, to settle family issues.
AIMPLB executive member Monisa Bushra Abidi expressed concern that the obligation could jeopardize the dignity of divorced women, citing cases where women reportedly abused maintenance rules. She questioned, “Why should a man bear the double burden of paying maintenance to a woman who is no longer part of his family, simply in the name of women’s rights?” Prof. Abidi also highlighted that the divorce rate in Muslim society is low and claimed that the issue of Muslim women’s rights is being politicized.
Regarding Uttarakhand’s UCC, Dr. Ilyas stated that the board would legally contest the state’s decision to implement UCC from October this year. He said the board’s legal committee has been directed to file a petition in the state’s high court. The Board argued that Muslim citizens should be entitled to the safeguards of the Sharia Application Act of 1937, emphasizing that Article 25 of the Indian Constitution guarantees the fundamental freedom to profess one’s religion to all religious communities.
Dr. Ilyas criticized Prime Minister Narendra Modi’s “One Nation, One Law” idea, claiming that such uniformity is impractical given India’s diversity. He noted, “Even the current laws across the country are not uniform.”
Maulana Ahmad Faisal Rahmani, AIMPLB Secretary, also criticized Uttarakhand’s UCC, suggesting it could harm family structures and highlighting apparent anomalies in the code’s implementation, such as the exclusion of indigenous communities.
The board expressed concern over perceived governmental attempts to weaken Waqf laws governing Muslim endowments and called for the restoration of state Waqf boards, tribunals, and related institutions to ensure proper management of Waqf properties. Dr. Ilyas highlighted increasing encroachment on Waqf lands by both government and private entities, emphasizing that “Waqf boards must be empowered to execute their responsibilities and reclaim encroached properties.”
The board also addressed the issue of mob lynching, noting a rise in incidents following recent election results. Dr. Ilyas stated, “The government continues to fail in its obligations to provide security to the deprived and marginalized Muslims and lower caste citizens of India. If the rule of law continues to be toyed with, the country will face anarchy, damaging both lives and property and tarnishing India’s reputation.”
Regarding the Religious Places Act, Dr. Ilyas expressed dissatisfaction with recent Supreme Court actions concerning religious sites, urging the court to uphold the significance of the Places of Worship Act and prevent new conflicts. He also voiced concerns about potential threats to mosques in New Delhi’s Lutyens’ Zone, noting that Delhi government officials had threatened to demolish six mosques.
In conclusion, the AIMPLB plans to challenge the Supreme Court ruling on divorced women maintenance and Uttarakhand’s UCC, highlighting the importance of religious freedom and the potential negative impacts of these decisions on Muslim communities.
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