This Act was passed after the famous Shah Bano case to clarify the rights of Muslim women after divorce. It applies only to Muslim women who have been divorced by their husbands.
Key Provisions:
- A divorced Muslim woman is entitled to maintenance (basic financial support) only during the iddat period (around 3 months after divorce).
- If she is not able to support herself after iddat, her parents, relatives, or even the Waqf Board may be ordered by the court to provide support.
- The woman can also claim:
- Her mahr (dower amount)
- Gifts or property given to her before or during the marriage
- If children are born from the marriage, the woman can also claim child maintenance.
- This law balances Islamic personal law with women’s rights but was criticized for limiting divorced Muslim women’s right to long-term maintenance. Later, in various Supreme Court judgments, courts allowed reasonable and fair provision beyond iddat.
FAQs – Muslim Women (Protection of Rights on Divorce) Act, 1986
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1. What is this Act about?
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It protects the rights of Muslim women after divorce, including maintenance and return of property.
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2. Who is covered under this Act?
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Divorced Muslim women in India.
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3. What does “iddat” mean?
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It’s a waiting period (roughly 3 months) after divorce during which a woman cannot remarry.
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4. How long is the husband required to pay maintenance?
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Only for the iddat period.
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5. What if the woman needs support after iddat?
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The responsibility can shift to her relatives or the State Waqf Board.
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6. What is “mahr” (dower)?
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A sum of money or property promised by the husband at marriage, which must be paid at divorce.
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7. Can she claim her mahr under this Act?
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Yes, she has a legal right to it.
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8. Can she ask for return of gifts and property?
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Yes, any gifts or belongings must be returned.
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9. What if the husband refuses to pay?
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The woman can file a case in the Magistrate’s court.
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10. Can she get maintenance for her children?
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Yes, she can request child maintenance through the court.
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11. What happens if she remarries?
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She is no longer entitled to maintenance from her ex-husband.
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12. Is this Act more beneficial or less than CrPC 125?
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CrPC 125 gives maintenance beyond iddat, so some women prefer it.
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13. Can a woman choose CrPC 125 instead of this law?
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Yes, if she chooses to be governed under secular law, she can opt for it.
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14. Does the Act apply to talaq given through triple talaq?
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Yes, it applies to all forms of divorce, including triple talaq.
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15. What is the Shah Bano case and how is it related?
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In 1985, Shah Bano was granted maintenance beyond iddat by the Supreme Court, leading to this Act being passed to limit maintenance.
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16. Does the Waqf Board always have to pay after iddat?
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Only if ordered by court and if no relatives are available to support the woman.
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17. Is the maintenance amount fixed?
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No, the Magistrate decides the amount based on the husband's income and the woman's needs.
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18. Can this law be challenged in court?
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The law itself is valid, but individual cases can be appealed.
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19. Does the Act apply to all Muslim women in India?
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Yes, unless the woman opts out and chooses CrPC 125.
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20. Is this Act still relevant after the 2019 Triple Talaq Law?
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Yes, this Act deals with post-divorce rights, while the 2019 law criminalizes triple talaq.
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