Rights of Maintenance of a Muslim Wife under Islamic Law: A Legal Analysis

Abstract

Maintenance is one of the basic rights which the Islamic laws have provided for the Muslim women. Though there are plenty of general provisions in Shari’ah in favour of women, especially on inheritance and dower, men have been put under strict legal obligations for their women on matter of maintenance. Nafaqa, the Arabic synonym for ‘maintenance’, signifies all those things which are necessary to the support of life. It, therefore, comprehends food, raiment and lodging, though in common parlance it is limited to food other than luxurious items. A Muslim wife can claim it from her husband as a right. She is entitled to be maintained during subsisting of their marital life, and also during ‘iddat’ period which occurs after severance of their conjugal life. In Bangladesh, two primary statutes provide the provisions regarding maintenance, that is (i) The Muslim Family Laws Ordinance, 1961 (Ordinance No. VII of 1961) and (ii) The Family Courts Ordinance, 1985 (Ordinance No. XVIII of 1985). A wife, however, cannot claim maintenance as a right under some circumstances, such as on her status of a rebellious or nashizah whereby she denies to obey her husband. All these matters related to maintenance of the Muslim wife have been discussed in this article.