Key points summarized from Shaykh Abdul Lateef Madani’s Urdu Video-
1. Supreme Court Ruling Overview:
– The Supreme Court of India has ruled that a Muslim woman can seek maintenance from her husband after divorce until she remarries even if many years have passed since the divorce, up until her death.
2. Applicability:
– The ruling applies to women of all religions and castes. Even Muslim women (divorced women) can claim this right regardless of the Muslim Personal Law.
3. Objective of the Ruling:
– The intent is to ensure that divorced women can live with dignity by receiving financial support from their ex-husbands.
4. Islamic Perspective on Maintenance:
– Islamic law provides for maintenance (Nafaqah) for women after divorce, but only for three months as mentioned in the Quran and Sunnah.
5. Compliance with the Law:
– Shaykh Abdul Lateef Madani emphasizes the importance of complying with the law of the land, provided it does not involve objectionable clauses against Islamic principles.
6. Allah’s Role in Sustenance:
– Ultimately, it is Allah who provides sustenance, and Muslims should place their trust in Allah, they shouldn’t use Un-Islamic means to gain wealth even if the government allows it.
7. Justice:
– Muslims are reminded to fear Allah, uphold justice. Muslims are not allowed to oppressively obtain anyone’s wealth be it another non-Muslim or Muslim, let alone your ex-spouse.
8. Advice To The Muslim Community:
– The Muslim communities all over India must set up ‘Marriage Counselling Centers’ where marital problems are addressed and solved with mutual arbitration according to The Quran and Sunnah. In this regard the Muslims are greatly lagging behind.
9. Legal Rights and Obligations:
– The Shaykh discusses the legal rights of Muslim women to seek maintenance and the importance of fulfilling obligations as stipulated by the Shariah and Islamic teachings. A great number of Muslim men are and had been oppressing their wives which lead to many Muslim women going to the courts to seek justice.
10. The Harms of this law:
– Though this law may appear beneficial and as a solution from the outside, it will come with its own harms. Men may abandon their wives without a divorce, some women may use this law to oppress their ex-husbands, and the women who use this law may one day also be victims of the same law when they become mothers of sons.
–Summarized by Mohammed bin Thajammul Hussain Manna.
Video link: https://www.youtube.com/watch?v=e8OpIFUdGMU
Saheehus-Seerah 