Post-Divorce Maintenance (MAA’TA) For Muslim Women in Bangladesh, Pakistan and India
Journal Title: IOSR Journal of Humanities and Social Science - Year 2018, Vol 23, Issue 2
Abstract
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.
Authors and Affiliations
Md. Sadekur Rahman, Hossain Mohammad Younus Sirazi
Keywords
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- EP ID EP417102
- DOI 10.9790/0837-2302030110.
- Views 40
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