The Supreme Court of India has ruled that divorced Muslim women are entitled to maintenance from their husbands under Section 125 of the Code of Criminal Procedure, asserting this right as fundamental rather than charitable. This landmark decision continues a trajectory of Supreme Court rulings aimed at empowering Muslim women in India.
### Landmark Judgments Empowering Muslim Women
#### Shah Bano Case (1985)
Shah Bano, a divorced Muslim woman, filed for maintenance under Section 125 of the Criminal Procedure Code (CrPC). The Supreme Court ruled in her favor, granting her maintenance and sparking widespread controversy. In response, the Rajiv Gandhi government enacted the Muslim Women (Protection of Rights on Divorce) Act 1986, restricting alimony rights to the iddat period (90 days after divorce). This act was perceived as discriminatory and was subsequently challenged.
#### Goolbai vs Nasrosjee (1963)
This case clarified the essential components of a valid nikah (marriage) under Muslim law, ensuring the protection of Muslim women from invalid or forced marriages.
#### Danial Latifi vs Union of India (2001)
The constitutional validity of the Muslim Women (Protection of Rights on Divorce) Act 1986 was challenged. The court upheld the Shah Bano judgment, effectively nullifying the act's restrictions and ensuring Muslim women received fair maintenance beyond the iddat period.
#### Noor Saba Khatoon Case (1997)
The Supreme Court recognized a Muslim woman's right to claim a share in ancestral property under the Muslim Personal Law (Shariat) Application Act, 1937, acknowledging their property rights and empowering them economically.
#### Maulana Abdul Kadir Madani Case (2009)
The court affirmed that the right to practice religion does not include the right to violate others' fundamental rights, particularly concerning gender equality. This reinforced the principle that personal laws must conform to constitutional rights.
#### Shamim Bano vs Asraf Khan (2014)
The Supreme Court ruled that a Muslim woman was entitled to maintenance from her husband even after divorce, emphasizing the husband's liability to provide reasonable and fair provision for the future of the divorced wife, including maintenance beyond the iddat period.
#### Shayara Bano Case (2017)
The court declared the practice of triple talaq (instant divorce) unconstitutional and invalid, protecting Muslim women from arbitrary divorce and empowering them with legal recourse.
### Current Ruling and Its Implications
In its latest ruling, the Supreme Court held that the Muslim Women (Protection of Rights on Divorce) Act 1986 will not prevail over secular law. This decision ensures that Muslim women, irrespective of their marital status, can claim maintenance under Section 125 of the CrPC.
This ruling marks a significant milestone in the ongoing efforts to secure equal rights and empowerment for Muslim women in India. The cumulative effect of these judgments has been to challenge patriarchal norms and uphold principles of gender equality and justice, paving the way for further reforms in the lives of Muslim women.
