Abstract
Woman is financially dependent over her husband after marriage. Her
economic dependency cannot be connoted as her intellectual deficiency. Islam
bestows her honour by liberating her from the financial maintenance of her
home. Maintenance is one of the basic rights of a woman after marriage. It
includes not only the means of survival but also a right to dignified and
prosperous life. Islamic Law demands husband to afford living expenses of his
wife that is considered as his duty to provide all the basic means of life to his
wife such as food, clothing and appropriate residency according to his
financial positioning. The present paper defines the meaning of Nafaqah,
highlights its significance and legitimacy in light of different sources such as
the Holy Qur’an, Sunnah, Ijma‘ and Qiyas. This paper also demarcates
different types of maintenance through various dimensions by focusing
specifically over the maintenance of woman married or divorced through
Islamic provisions. The study also denotes that who is entitled for maintenance
in Islamic Law by examining the opinions of Muslim Jurists. This paper also
manifests the quantity of maintenance provided to a woman by utilizing
scholarly insights of Muslim Jurists. Finally, this research concludes that
Islam is the only religion that protects maintenance as a right of woman that
strengthens her social standing without negotiating or demanding any
consideration.
Dr. Hafiz Muhammad Siddique, Dr.Rais Gul. (2019) Woman’s Right to Maintenance in Islamic Law, Al-Azhāar, Volume 5, Issue 1.
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