Anwarulhaq Baig
NEW DELHI: The All India Muslim Personal Law Board (AIMPLB) has announced to challenge the recent Supreme Court ruling endorsing divorced Muslim women’s claim for monthly maintenance from their ex-husbands, as well as Uttarakhand’s implementation of a Uniform Civil Code (UCC) in the state.
Addressing a press conference held at the Press Club of India on Sunday, AIMPLB spokesperson Dr. S.Q.R. Ilyas shed light on key resolutions, including the Supreme Court ruling on divorced Muslim women, the UCC, the Places of Worship Act, Waqf properties, mob lynching, and the Palestine issue adopted by its working committee during a meeting in Delhi. Dr Ilyas vowed that the board will pursue “all possible measures—legal, constitutional, and democratic”—to repel the Apex Court ruling, which is against the Islamic law.
Supreme Court Ruling on Maintenance
Dr. Ilyas strongly objected to a recent Supreme Court judgment mandating that Muslim men continue to provide maintenance to their ex-wives after divorce beyond Iddat period (Waiting period for divorcee woman, normally three lunar months to remarry). The AILMPB 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.”
Dr. Ilyas argued that requiring ex-husbands to support former spouses indefinitely contradicts the 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,” he asserted.
Responding to questions, Prof. Monisa Bushra Abidi, a female 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 alleged exploitation of maintenance laws by women.
Dr. Ilyas informed that the AIMPLB had authorized its president to initiate measures aimed at overturning the Supreme Court’s decision. As an alternative to prolonged court battles, he suggested Muslims consider utilizing Darul Qaza, Islamic arbitration centers, to resolve family disputes.
Challenge to Uttarakhand’s Uniform Civil Code
Dr. Ilyas also announced the AIMPLB’s intention to legally challenge Uttarakhand’s recent move to implement a Uniform Civil Code (UCC) in the state. He revealed that the AIMPLB’s legal committee had 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. He 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.”
Responding to questions, 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 and Jan Jatis.
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
Expressing alarm over what it perceives as governmental attempts to weaken Waqf laws governing Muslim endowments, the board spokesperson called for the restoration of state Waqf boards, tribunals, and related institutions to ensure proper management of Waqf properties.
Highlighting increasing encroachment on Waqf lands by both government and private entities across India, Dr. Ilyas insisted that endowments of all religious communities, including Muslims, should receive robust legal protection.
“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. The state Waqf boards must be empowered to execute their responsibilities and reclaim encroached properties.”
Emphasizing the sacred nature of Waqf endowments in Islamic tradition, describing them as legacies created for specific charitable purposes, the spokesperson asserted that Muslims, as custodians and administrators, should be the sole beneficiaries of these 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 purpose. “This would financially strengthen Indian Muslim citizens, whose forefathers donated these properties for noble causes,” Dr. Ilyas explained.
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
Voicing grave concerns about a surge in mob lynching incidents across India, particularly following recent national elections, Dr. Ilyas reported approximately 12 such incidents occurring in the month following the announcement of Lok Sabha election results.
“The board had hoped that the election results, which seemed to indicate public resentment towards agendas based on hatred, would lead to a decrease in such violence,” Dr. Ilyas said. “However, the government continues to fall short in its duty to protect marginalized Muslim and lower-caste citizens.”
Dr. Ilyas called on state governments to impose exemplary punishments on perpetrators of mob violence and to enact stringent laws to curb such incidents.
Places of Worship Act and Religious Sites
Urging the proper reinstatement of the Places of Worship Act 1991, Dr. Ilyas expressed disappointment with recent Supreme Court actions related to many religious sites of Muslims. He noted that while the court had previously affirmed the 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. 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. While acknowledging that court intervention had temporarily halted attempts to demolish the Sunehri Masjid, Dr. Ilyas warned that six other mosques in the area might be targeted by government agencies.
“These mosques are protected under 123 Waqf properties, which are currently subject to a Delhi High Court stay order,” Dr. Ilyas explained. “Some of them are also designated as heritage buildings. Any interference would alter and disturb our country’s historical heritage.”
Palestine Issue
Speaking about the ongoing Israeli aggression in Gaza, the AIMPLB spokesperson urged the Indian government to maintain its historically supportive stance towards Palestinians.
“India has always stood by the Palestinian people, from Mahatma Gandhi to Atal Bihari Vajpayee and beyond,” Dr. Ilyas stated. “On behalf of India’s peace-loving citizens, we demand that the government immediately cease all military aid to Israel and halt joint military exercises.”
Calling on India to leverage its international influence against Israeli atrocities and genocide in Gaza, Dr. Ilyas suggested that if Israel fails to comply with UN resolutions, India should consider severing diplomatic ties with the country.
The AIMPLB’s spokesperson described the Palestine crisis as a very serious humanitarian issue rooted in Israel’s occupation and displacement of Palestinians. It rejected the notion that the conflict began on October 7, 2023, instead tracing its origins to the formation of the Jewish state and its 1967 occupation of the West Bank, Gaza, and East Jerusalem.
“The United Nations Security Council has repeatedly advised Israel to vacate illegally occupied Palestinian lands,” Dr. Ilyas noted. “However, unreasonable support from imperialist powers like America and Great Britain has emboldened Israel to defy UN rulings with impunity.”
He condemned what it termed an “unholy nexus” between Israel and its supporters while also criticizing Muslim-majority countries for their perceived inaction. He expressed solidarity with Palestinians and praised global demonstrations supporting their cause, including protests by Indian youth, students, and civil society members.
“The board appeals to the Muslim world to exhibit genuine concern for the people of Palestine,” Dr. Ilyas concluded. “This is not only a humanitarian cause but also a basic obligation of Muslims.”
The press conference was attended by several high-ranking AIMPLB officials, including General Secretary Maulana Fazlul Raheem Mujaddidi, Deputy Spokesperson Dr. Kamal Farooqi, and Executive Member Mrs. Atiya Siddiqua.