research paper on maintenance under muslim law

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Right to Maintenance and a comparative study in between Muslim Law and Hindu Law.

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The Dhaka University Studies, Part-F Vol. IX ( I )

Dr. Taslima Moonsoor

Maintenance is the lawful right of the wife to be provided at the husband's expense with food, clothing, accomm odation and customarily extends to other necessaries of life.' It is incumbent on a husband to maintain his legally wedded wife. The authorization of the wife to maintenance derives from the injunctions of the Holy Quran, Prophet's Tradition and Consensus of the jurists. In the Holy Quran, the husband is ordained to maintain the wife. The Quranic ruling states : Men are protectors and maintainers of women Because God has g iv en them more strength than the other, And because they support them from their means. once it is due the maintenance o f the wife is deemed a debt on the husband from the date o f withholding it. Only on payment, such debt is settled under the sharia.

aisha abba , Sa'odah Ahmad , ELISTINA BINTI ABU BAKAR / FEM , Ibrahim Barkindo

Maintenance is the most important right for a wife towards her husband because Islamic law imposes an obligation on the husband to maintain his wife. However, this obligation arises as soon as the marriage contract is completed. The obligation to maintain her continues until the contract of marriage ends either through death or divorce. In case of divorce, the obligation continues until after the iddah (waiting) period. This article seeks to examine the provisions of Islamic law on the rights of wife on maintenance. Furthermore, the research also analysis maintenance (Nafaqah) as the right of a wife under a valid marriage contract which is her lawful right as it is enshrined in the Qur'an and from the Sunnah.

IJAR Indexing

This paper deals with the concept of Maintenance of Women after dissolution of marriages under Muslim Law. This subject matter has been one of the most controversial ones, and has undergone many changes over the years. This paper is an attempt to look at the series of changes which this law has undergone by virtue of enactments and case laws, and to look at what the present position of law is. The paper commences with introducing the concept of maintenance in common parlance and then specifically under Muslim law. The paper explains that how initially, there was a conflict between Muslim Law and section 125of CrPC, which is a general law. In this context, the famous Shah Bano case was decided, which became one of the most landmark judgment. In an attempt to resolve the conflict and clarify the position of law, the Supreme Court in this case gave precedence to CrPC over Personal Laws. This, however, was met with a lot of resentment by the Muslim community, and under preassure, the The Muslim Women (Protection Of Rights On Divorce) Act, 1986 was passed in order to nullify the effects of the judgment. However, interpreting this Act in Daniel Latifi v. Union of India, the Supreme Court, along with declaring the Act to be constitutionally valid, interpreted the same, and clarified that the position as settled in Shah Bano Case is the correct one, and that, if the true spirit of the Act is looked into, this position shall emerge. Also, there is no conflict between CrPC and Muslim Personal Law. What these judgments and enactments contained and how the same affected the evolution of this particular law, shall be in dept elaborated in the paper being submiited.

Journal of Legal Studies and Research Volume 3 Issue 5 ISSN: 2455 2437 (India)

Rashmita Sunkara

H.M.Younus Sirazi

The concept of " maintenance " , under Muslim law, endorses an obligation of a husband to provide maintenance to his wife and this right arises from the very existence of the marital relationship between them. Traditionally it is the well-established rule of Islamic Sharia law that a woman is entitled to maintenance during the subsistence of the marriage and after divorce for iddat period. But the controversy arises when the issue of providing post-divorce maintenance (maa'ta) beyond iddat period comes as there are differences of opinion among the Islamic Scholars as to allowing post-divorce maintenance (maa'ta) beyond iddat period under Islamic Sharia law. But the judiciary of many countries is allowing such maintenance through judicial activism. The authors of this paper focus at the application of Islamic Sharia law through court " s decisions on matters of Post-divorce maintenance (maa'ta) for Muslim women in Bangladesh, Pakistan and India. A number of cases relating to Post-divorce maintenance (maa'ta) from these countries are analyzed to find out whether the courts in these countries construe Islamic Sharia provisions progressively in making rules or not. The finding of this paper is that the judiciary of Bangladesh and that of Pakistan have not much progressed in this matter due to their adherence to the fiqh of the orthodox schools of law while the judiciary of India has made progress by allowing post-divorce maintenance (maa'ta) to divorced Muslim woman to meet the challenges of social justice by allowing liberal interpretation of the provisions of Islamic Sharia law.

Mohammad Harun Chippa, Research Scholar, Faculty of Law, Mohanlal Sukhadia University, Udaipur, Rajasthan, India

Universe International Journal of Interdisciplinary Research

Indian Judiciary is playing a vital role for the betterment of Muslim Women in India. We have special provision regarding maintenance in criminal procedural law. Study to comparative provisions for maintenance of women in different societies. A woman is not able to maintain herself after divorce, by virtue of many land mark decision, which has develop the system of maintenance. It is important to manage equality before Law for Women in society.

shehla riaz

Islamic law enjoins the husband to maintain his wife and also gives the right to wife for separation when her husband fails or neglects to provide her maintenance. The right of separation on ground of non-maintenance is also acknowledged in Section 2 of Dissolution of Muslim Marriages Act 1939. The paper focuses to analyze the Islamic law regarding separation due to non-Maintenance and courts practices in Pakistan. The paper intends to know: what are the reasons on which Islamic Law allows a wife to ask for separation? What are the Jurists opinions regarding separation due to non-maintenance? what is the procedure that is followed in the court to dissolve the marriage on ground of non-maintenance? What are the difficulties faced by the woman in demanding the separation through the court on ground of non-Maintenance? The research follows the qualitative research method to identify the difference between theoretical framework and practical application of laws. The paper concludes tha...

IOSR Journals

The High Court of Punjab and Haryana in Avtar Singh vs. Jasbir Singh (RSA No. 29/1988 (O&M) in its decision dated 11.02.2014) held that a lacuna in the position of Hindu wife qua their property and maintenance rights, whose husband is unable to provide maintenance to her under Section 18 of Hindu Adoptions and Maintenance Act, 1956 was identified. This Article is divided into six parts:

ishaq abdul , Muhammad Nor Abdurrahim , Amilia Saidin

Islam demands children to provide for their parents' maintenance and sustenance in their old age as exhorted by the Al-Quran and As-Sunnah. There have been several reported cases of children neglecting to maintain their parents' needs for sustenance in their twilight years. Studies have gathered significant evidence on this state of affairs and the factors contributed to this problem. There is no specific legislation that provides for rights of maintenance to Muslim parents, however, there are existing laws that could be invoked to support for the claims to such rights. This article looks at the rights of maintenance to parents under Shariah law and Malaysian law perspectives; factors that contributed to children neglecting their filial duty to maintain their parents and whether the current legal framework provides for the rights of Muslim parents to maintenance. The study applies library research and adopts a comparative method by analysing laws from other jurisdictions, viz., Jordan, Kuwait, Algeria, Singapore and India. The article suggests a much needed reform to be undertaken by the authority to safeguard the rights of parents to maintenance in Malaysia.

Commonwealth Law Review Journal

Brown Umukoro

Customary law marriages in Nigeria are not only recognised as legal unions but also confer on parties a measure of rights and privileges. Unfortunately, these rights and privileges are far less attractive compared to those associated with marriages conducted under the Marriage Act. Prominent among these rights is the right to maintenance. The purpose of this paper is to make a case for the recognition of the right of spouses under customary law to maintenance, especially giving that customary law is dynamic, flexible and must be acceptable to the people. This research reveals that recent behaviours under traditional African customary law tend to favour the extension of the English rule of maintenance to spouses of customary law marriage, especially the wife. Recent judicial pronouncements ascribing important proprietary right to Nigerian women and the general and gradual changes in certain obnoxious and oppressive customary gender-based practices as well as recent local legislation restoring the prestige and status of the woman in Nigeria all tend to support the case that it is high time the right of spouses under customary law to maintenance was recognised.

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• Maintenance under Muslim Law

The concept of Maintenance in Muslim law was introduced to provide support to those people who are not capable to maintain themselves. The principle of maintenance includes the basic requirement of a person for survival and includes amenities like food, clothing, shelter, education and other necessities of life.

Browse more Topics under Family Law I

• Mohammedan Law – Source of Muslim Law
• Mohammedan Law – Schools in Muslim Law
• Mohammedan Law – Shariat Act 1937
• Mohammedan Law – Marriage in Muslim Law
• Mohammedan Law – Divorce in Muslim Law
• Legitimacy and Parentage under Muslim Law
• Guardianship under Muslim Law
• Indian Divorce Act
• Christian Marriage Act
• Indian Succession Act
• Parsi Marriage and Divorce Act

Maintenance in Muslim Law

We shall discuss the aspects of maintenance in Muslim law from the viewpoint of the persons who are eligible for maintenance. Such persons are:

2. Children- Both boy and girl

3. Parents and Grandparents and

4. Any other relatives

Maintenance for Wife

Under Muslim law in India, maintenance is known as ‘Nafqah’. ‘Nafqah’ is the amount that a man spends on his family.  The right to maintenance of a Muslim woman is absolute and not conditional on whether she can maintain herself or not.

Hence all the Muslim women earning or not earning are eligible for the right to maintenance which is contrary to most of the other religious acts where only dependent women are eligible for the maintenance.

It is the duty and liability of the husband to provide adequate maintenance to his wife in all the circumstances irrespective of his financial condition. However, a Muslim woman cannot claim maintenance from her husband in the following cases:

• She has not attained puberty.
• She has abandoned her husband and marital duties with sufficient reason.
• Where she elopes with some other man.
• In a case where she disobeys the reasonable commands of her husband

Quantum of Maintenance

The quantum of maintenance is not prescribed under any personal law. The court decides the quantum on the basis of the financial condition of husband and wife and any other circumstances relevant to the case.

The Shia Law decides the quantum of maintenance by taking into consideration the requirements of the wife. The Shafei Law determines the quantum of maintenance by the post of the husband. Thus, the basis of determination of quantum of maintenance is different for different sub-castes of Muslims.

Source: pixabay.com

Maintenance under Anti- Nuptial Agreements

A Muslim marriage is construed as a contract , an agreement that is made between the parties to the marriage (nikah) which prescribes the rights & duties of both husband and wife. In this agreement, the wife can stipulate some conditions for husband and in case of breach of such conditions; she has a right to live separately and is also eligible to receive maintenance.

The quantum of the maintenance and the terms are to be agreed and settled at the time of marriage itself. The wife can stipulate the contract of the marriage in case the husband ill-treats her/ or takes a second wife or keeps a concubine.

In such a case, she has the right to live separately from her husband and she is also eligible to claim maintenance against the husband.  However, it has to be noted that the husband’s liability is limited only till the iddat period and the wife can claim maintenance only during the period of iddat and not beyond that.

Maintenance to Muslim Divorced Woman until Her Remarriage

In terms of Section (3) (a) of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a Muslim husband is liable to make reasonable and fair provision for the future of the divorced wife.

This includes her maintenance as well.  Accordingly, the husband has to make a fair and reasonable provision for the maintenance of the wife beyond the iddat period as per the terms of Section 3 (1) (a) of the Act.

A divorced Muslim woman who has not remarried and who is not able to maintain herself after iddat period can claim maintenance under Section 4 of this act from her relatives who are entitled to her property after her death. This has provided additional rights to Muslim women.

Maintenance of the Children

Muslim Father is under the obligation to maintain his legitimate child until he attains the puberty age. Under Muslim Law, the father has to maintain his son only until he attains majority.

While he has to maintain his daughter until her marriage and till the time she goes to her husband’s home. Under the law, the father is not under a duty to maintain the illegitimate child.

Thus after perusing the above-mentioned facts, it can be easily concluded that the maintenance provisions of Muslim Law are different from other personal laws and are very unique.

Solved Example on Maintenance in Muslim L aw

Rehana is Rahim’s wife and is living with him. Is she eligible to claim maintenance from her father?

Ans: Since Rehana is Rahim’s wife, Rahim is obligated to maintain Rehana and not her father.

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Family Law - I

• Mohammedan Law – Shariat Act 1937
• The Parsi Marriage And Divorce Act, 1936
• Mohammedan law – Divorce in Muslim law
• Mohammedan Law – Marriage in Muslim Law
• Mohammedan Law: Schools of Muslim Law
• Indian Divorce Act 1869

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NYAAYSHASTRA LAW REVIEW

Issn: 2582-8479 (o), indexed in manupatra, heinonline, google scholar & road..

• May 1, 2021

MAINTENANCE UNDER MUSLIM AND HINDU LAW- COMPARATIVE STUDY

Isha Nagpal, School of Law, Mody University

CLICK HERE TO VIEW THE FULL RESEARCH PAPER

Maintenance is some amount of money that a former husband pays regularly to his former wife. This research paper makes an analysis of the Hindu and Muslim personal laws of maintenance. It deals with the statutes whereby Hindu classical law has been codified. Judicial pronouncements with regard to maintenance under Hindus have been included. Muslim personal law on maintenance and the struggle of the Muslim women while demanding a change in their maintenance rights have been duly discussed. Case laws which were deemed essential for the purpose of the research paper have been incorporated here in the paper.

Keywords: Maintenance, Hindu Law, Muslim Law, Rights, Marriage

• Volume 2 Issue 1

Journal Details

Abbreviation : nlr , issn:   2582-8479 (o), year of starting: 2020, place: new delhi, india, accessibility: open access, peer reviewer: double blind.

​All research articles published in NLR and are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution, and reproduction in any medium provided the original work is properly cited.

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