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
Related Articles
- EP ID EP417102
- DOI 10.9790/0837-2302030110.
- Views 106
- Downloads 0
Impact of Parental Attachment on the Academic Performance of Grade Five Learners in Mashonaland East Province, Zimbabwe.
This study explored the impact of parental attachment on the performance of grade five children attending a boarding primary school in Mashonaland East Province, in Marondera. The family is the closest, most intense, mos...
Discourse On Ecumenical Implications of Pneumatological Vital Force Towards University Students’ Welfare
In a world divided by religious differences, science and technology, reason, economic, political and cultural aspects among other differentiating factors, ecumenism is no doubt necessary. It is even more urgent at the un...
The Influence of Leadership and Organizational Culture on the Performance of Local Governments in West Java Province
The purpose of this study is to investigate and analyze whether both leadership and the organizational culture affect the performance of local governments. This research is important to know whether the leadership of the...
Breast Feeding Practices Among The Sugali Community : A Study In A Tribal Population of Ananthapuramu District, Andhra Pradesh
The practice of breast feeding is almost universal. In the present study an attempt was made to understand various aspects of feeding practices among the Sugali tribe of Ananthapuramu district, Andhra Pradesh state.
Pre-primary Education in China inside the Motivation functional in Tanzanian Pre-primary Education.
The heart of pre-primary education as early childhood program are young children, who are generally wonderfully engaging in a different part of activities because of their own refreshment. However, in the broadmeaning, t...