PROTECTION OF WIFE'S RIGHT TO MAINTENANCE IN BANGLADESH: AN OVERVIEW

Nahid Ferdousi

doi:10.33102/mjsl.vol9no2.246

Authors

Nahid Ferdousi Bangladesh Open University, Bangladesh

DOI:

https://doi.org/10.33102/mjsl.vol9no2.246

Keywords:

Protection, Wife's right, maintenance, Shariah, Muslim personal law

Abstract

Muslim wife has a legal right of maintenance which devolves upon her husband. This rights exclusively created by the marriage and wife is entitled to maintenance during the subsistence of the marriage and after divorce for iddat period under the Islamic Shariah and Muslim personal law in Bangladesh. Usually, the Muslim women enforces the claim for her maintenance while obtaining divorce. Divorce brings distress in her life and it also creates jeopardized situation in the society. In doing so, the controversy arises regarding the post-divorce maintenance beyond iddat period of Muslim women under Islamic Shariah. Though the judiciary of many countries are trying to reform on the post-divorce maintenance but judicial activism of the country have not much advancement in this issue. Hence, the divorced Muslim women are not entitled post-divorce maintenance beyond iddat period in the country. In addition, often women are not get access to family justice rather they suffered adversely for difficulties of legal procedure, male oriented society and non implementation of Islamic values. Therefore, majority divorced woman face many challenges of social justice and not being protected in the present legal system. The study focuses how and to what extent Muslim wife's are being protected through maintenance under the Islamic Shariah as well as the Muslim personal law in Bangladesh.

Downloads

Download data is not yet available.

References

Aktar, Sharmin. (2012). Protecting Divorced Muslim Women's Right through Maintenance: A Comparative analysis based on the Present Legislative Reforms among the Muslim Community, The Northern University Journal of Law, Volume III.

Alam, Md. Jobair and Islam, Toufiqul. (2015). Rethinking Post-Divorce Maintenance: An Alternative For The Empowerment of Muslim Women In Bangladesh, Bangladesh Journal of Law, 15 (2), 81-83.

Ali, Saheen S. (2000). Gender and Human Rights in Islamic and International law. The Hague, London and Boston: Kluwer Law International.

Chaudhry, Muhammad Sharif. (1991). Women’s Rights in Islam. Sh. Muhammad Ashraf publishers, Lahore, Pakistan.

Farouk, Sharmeen A. (2005). Violence against Women: A Statistical Overview, Challenges and Recommendations. Dhaka: Bangladesh National Women Lawyers Association (BNWLA).

Fyzee, A. (1974). Outlines of Muhammadan Law. Delhi: Oxford University Press.

Hoque, Redwanul (2011). “Judicial Activism in Bangladesh: A golden mean approach” Cambridge scholar publishing.

Huq, Naima. (2002). Post Divorce Maintenance: Legal and Social Appraisal, Gender in Law Journal, Dhaka, 68-69.

Huq, Naima. (1998). Past and post-Divorce Maintenance: legal and social Appraisal. A seminar paper, 6.

Islam, M Baharul. (2003). Lecture synopsis on Muslim personal law in Bangladesh Bar Council Course, 6.

Kazi, Mazharul. (1998). Family life and Social obligations in Islam. New Delhi: The Islamic Centre.

Khan, Maulana Wahiduddin “Women in Islamic Sharia” The Islamic Centre, New Delhi.

Khaled M. and Hoque. (1999). Right to post-divorce maintenance in Muslim Law, Chittagong University Journal of Law, Vol. IV, 23.

Mahmood, T. and Mahmood, S. (2013). Introduction to Muslim Law, Universal Law Publishing Co, Dhaka.

Monsoor, Taslima. (1998). Maintenance to Muslim Wives: The Legal Connotations, The Dhaka University Studies, IX (1), 63-85.

Monsoor, Taslima. (1999). From Patriarchy to Gender Equity: Family law and its Impact on women in Bangladesh. Dhaka: The University Press Limited.

Muthhari, M. (1981). The rights of Women in Islam. Tehran: The World Organization for Islamic Services. pp. 113-123.

Nasir, Jamal J. Ahmad. (2009). the Status of Women under Islamic Law and Modern Islamic Legislation, Volume 1, 3rd ed., Boston: Brill, Leiden.

Rahman Md. Sadekur. (2018). "Post-Divorce Maintenance (Maa'ta) For Muslim Women in Bangladesh, Pakistan and India' IOSR Journal of Humanities and Social Science (IOSR-JHSS). 23 (2), pp. 01-10.

Rahman, F. (1998). “Post-divorce maintenance for Muslim women in Pakistan and India”. Bangladesh Journal of Law. 2 (1), 26-52.

Rahman, M. S. and Moniruzzaman. (2017). Trends and Issues of Judicial Protection of Womens Right to Maintenance under Muslim Law in Bangladesh, Barisal University Journal 2 (1), 111-120.

Serajuddin, Alamgir Muhammad. (2011). Muslim Family Law, Secular Courts and Muslim Women of South Asia: A Study in Judicial Activism, Oxford University Press, Karachi.

Shahid, A. (2013). Post-divorce Maintenance for Muslim Women in Pakistan and Bangladesh: A Comparative Perspective, International Journal of Law, Policy and the Family, 27(2), 197–215.