Is there a separate law for alimony for the Muslim community?
Patna high court advocate Tabish ahmed said, 'In the Muslim community, alimony cases are mainly looked into by the Muslim Personal Law Board, which is based on Sharia law. If a girl divorces, then there is no alimony or maintenance. The system of giving divorce by saying talaq three times has been discontinued. But, a Muslim boy has the right to divorce through law. In this case, alimony may have to be paid. Even after divorce, if the Muslim woman is not satisfied with that amount, then she can claim alimony under Section 125 of CrPC.'
In Muslim Personal Law, alimony is called 'Mehr', which is an amount given by the husband to the wife at the time of marriage. At the time of divorce, the wife is entitled to get this Mehr. Important cases of the Supreme Court like Shah Bano case (1985) and Daniel Latifi case (2001) have clarified the alimony rights of Muslim women.
Under Muslim personal law, a woman is entitled to alimony only for a period of 'iddat' after divorce. Iddat is the period when a woman cannot remarry after divorce. This period is usually three months or three menstrual cycles. After the period of iddat, the wife is not entitled to seek alimony unless she has children.
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