Non-Maintenance Creates the Right of Separation for Woman: A Study of Shariah Law and Pakistani Court Practices”

Authors

  • Dr. Shehla Riaz Assistant Professor, Department of Islamic Studies, Riphah International University Islamabad
  • Dr. Salma Begum Lecturer, Faculity of Shariah & Law, IIUI

DOI:

https://doi.org/10.36755/iqan.142.2021-pp:19-36

Keywords:

Ṭalāq, Non-Maintenance, Dissolution of Muslim Marriage Act 1939. MFLO 1961

Abstract

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 that although the grounds of separation in Islamic law are incorporated in various Pakistani law but the application of these laws in courts is different.

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Published

2021-12-28

How to Cite

Riaz, D. S., & Begum, D. S. (2021). Non-Maintenance Creates the Right of Separation for Woman: A Study of Shariah Law and Pakistani Court Practices”. ĪQĀN, 4(01), 19–36. https://doi.org/10.36755/iqan.142.2021-pp:19-36

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Section

Articles