Message No : 2Sr.No : 25/725
Question By : M.Z.CHIDA.

DearSir,

AssalamuAlaikum,

I would like to know what is the objection by the Ulema for the recent
Bombay High Court Judgement on maintenance. From the newspapers report it
looked to me that this judgement was in our favour. But I understand Ulema
at Bombay have objected to the judgement. Can you please enlighten me on this.

Wassalam

M.Z.CHIDA.

 

Reply By : Md. Obaidullah Al-Qasmi
Designation : Mufti, ODI, MMERC, Mumbai  

Dear brother in Islam
Wa'alaikumus-salam

Recently, in its judgment regarding the maintenance & provision of the divorced wife the ''Full Bench of the Mumbai High court'' has passed the judgment that a divorced Muslim woman would be given maintenance & provision by her husband until she is remarried. In he famous ''Shah Bano Case'' the same kind of the judgement was passed by the Calcutta High Court, and then was withdrawn after a heavy pressure from Muslims and agitation. The judgment was an illegal interference in the Muslim Personal Law.

This recent judgement of the Mumbai High court that the divorced wife will be given maintenance & provision even after completion of Iddat until her another marriage is also definitely against the Quran and Shari'ah. This is the reason why Ulama are against this decision. The Holy Qur'an and many Ahadith of the Prophet(pbuh) have enjoined maintenance & provision of the divorced wife unto Iddat period. The Qur'an says, ''¡­and if they are pregnant, then spend (your substance) on them until they deliver their burden''(Ch.65,v.6).
Hadhrat Umar says that he heard the Prophet saying, for triple divorced woman there are maintenance, provision and accommodation as long as she is in Iddat period.
(Hidayah v.11) (Fatawa Rahimiah v.6 p.480, v.5 p.414)

According to Islamic law, both the husband & wife should show love to each other and should be loyal mutually. Marriage is a contract of love affection, faithfulness and co-operation between husband and wife. If this purpose is lost by either of them and the life becomes bitter, the Shari'ah has given the right to get separation which is totally logical. If the wife's purpose is lost she may get rid of this bond of contract by Khula, and similarly the husband may get separation by Talaq (divorce) in the case he losses his purpose of marriage. Therefore, Shari'ah, in the case of divorce, does not lay the responsibility of maintenance & provision upon the husband after the divorced wife has completed her Iddat period. To make him bound to maintain his wife even after completion of her Iddat until her marriage with another person is, of course, illogical and unjust. No court makes the contractor bound to go on dealing with the other party even after the contract is broken. No court makes the employer bound to continue paying the salary of the employee until he gets another job in the case of terminating the job due to his disobedience of the ''Terms & conditions''. If to make the employer or contractor bound to continue the salary or profit even after termination until they get another job or contract is illogical and unjust, then why not in the case of divorce.
ThankingYou

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