“The Prophet Muhammad stated that among permissible acts, divorce is most disliked by Allah,” Dr. Ilyas said, emphasizing Islam’s preference for preserving marriages.
“It doesn’t align with human reasoning to hold a man responsible for maintaining his ex-wife when the marriage itself no longer exists,” Dr. Ilyas asserted.
As an alternative to protracted court battles, Dr. Ilyas suggested Muslims consider utilizing Darul Qaza, Islamic arbitration centers, to resolve family disputes.
Dr. Ilyas challenged Prime Minister Narendra Modi’s “One Nation, One Law” concept, asserting that India’s diversity makes such uniformity impractical.
Dr. Ilyas reported that approximately 12 such incidents had occurred in the month following the announcement of Lok Sabha election results.
India Tomorrow
NEW DELHI — The All India Muslim Personal Law Board (AIMPLB) on Sunday announced to challenge the ruling of two judge bench of the Supreme Court to pay alimony to the divorced wife and Uttarakhand government’s decision to implement a Uniform Civil Code (UCC) in the state.
The announcement was made by the board at a press conference at the Press Club of India, following resolutions adopted in this regard by the board’ working committee here today.
Addressing media persons, AIMPLB spokesman Dr. S.Q.R. Ilyas said the board would take “all possible measures – legal, constitutional and democratic” to challenge the Apex Court ruling.
Taking strong exception to the SC judgment mandating that Muslim men continue to provide maintenance to their ex-wives after divorce, Dr. Ilyas characterized the ruling as contrary to Islamic law and principles.
“The Prophet Muhammad stated that among permissible acts, divorce is most disliked by Allah,” Dr. Ilyas said, emphasizing Islam’s preference for preserving marriages. “However, when marital life becomes untenable, divorce is prescribed as a solution.”
The board contended that requiring ex-husbands to support former spouses indefinitely contradicts the very nature of divorce, which terminates marital obligations. “It doesn’t align with human reasoning to hold a man responsible for maintaining his ex-wife when the marriage itself no longer exists,” Dr. Ilyas asserted.
While replying to question, Prof. Monisa Bushra Abidi, a woman executive member of AIMPLB, asserted that such maintenance requirements could compromise a divorced woman’s dignity. “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?” she questioned, citing instances of women allegedly exploiting maintenance laws.
As an alternative to protracted court battles, Dr. Ilyas suggested Muslims consider utilizing Darul Qaza, Islamic arbitration centers, to resolve family disputes.
Challenge to Uttarakhand’s Uniform Civil Code
The board also announced its intention to legally contest Uttarakhand’s recent move to implement a Uniform Civil Code (UCC) in the state from October this year. Dr. Ilyas revealed that the AIMPLB’s legal committee has been directed to file a petition in the state’s High Court.
Citing India’s diverse religious landscape, the AIMPLB argued that just as Hindu citizens have specific personal laws, Muslim citizens are entitled to the protections of the Sharia Application Act of 1937. The organization emphasized that Article 25 of the Indian Constitution guarantees all religious communities the fundamental right to practice their faith.
“In our multi-religious and multi-cultural country, UCC is impractical and undesirable,” Dr. Ilyas stated. “Any attempt to implement it goes against the spirit of our nation and the rights guaranteed to minorities.”
Replying to question, Maulana Ahmad Faisal Rahmani, Secretary of AIMPLB, criticized Uttarakhand’s UCC as potentially destructive to family structures rather than resolving domestic issues. He also pointed out perceived inconsistencies in the code’s application, noting its exclusion of certain groups like tribal communities.
Dr. Ilyas challenged Prime Minister Narendra Modi’s “One Nation, One Law” concept, asserting that India’s diversity makes such uniformity impractical. “There is no uniformity even in existing laws across the country,” he added.
Concerns Over Waqf Properties
The AIMPLB expressed alarm over what it perceives as governmental attempts to weaken Waqf laws governing Muslim endowments. The board 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 across India.
“Waqf laws predate India’s independence,” Dr. Ilyas noted. “While several amendments have been passed, with the latest in 2013, we demand their full implementation. Waqf boards must be empowered to execute their responsibilities and reclaim encroached properties.”
The AIMPLB called for illegal occupants of Waqf lands to pay market-rate rents, with generated revenue to be used in accordance with each property’s designated purposes.
Reiterating the principle that “once a waqf, always a waqf,” Dr Ilyas stressed that even Muslims are obligated to respect the predetermined purposes of Waqf properties as outlined in both Islamic and Indian law.
Rising Concerns Over Mob Lynching
The AIMPLB voiced grave concerns about an apparent surge in mob lynching incidents across India, particularly in the wake of recent national elections. Dr. Ilyas reported that approximately 12 such incidents had occurred in the month following the announcement of Lok Sabha election results.
Places of Worship Act and Religious Sites
Expressing disappointment with recent Supreme Court actions related to religious sites, Dr. Ilyas noted that while the court had previously affirmed the Places of Worship Act’s importance in its Babri Masjid judgment, it now appeared to be retreating from that stance.
“The Supreme Court is not allowing the Muslim side to even appeal in the Mathura and Kashi cases,” Dr. Ilyas stated, referring to ongoing litigations over religious sites in those cities. The board called on the court to halt all new disputes and ensure the rule of law prevails.
The AIMPLB also raised concerns about potential threats to several mosques in New Delhi’s Lutyens’ Zone, including the Sunehri Masjid. He said six other mosques faced threat of demolition from government agencies in Delhi.
Board’s deputy spokesperson Kamal Farooqui and executive committee member Atiya Siddiqua were among those who were present in the meeting.
