Maintenance of the Wife and Children in Islamic Law and Pakistani Legal System: An Appraisal

Federal Law Journal (FLJ), p- ISSN: 2959-3670 | e-ISSN: 2959-3727, Vol. I, No. II (Fall 2022) | Pages: 1 - 25

25 Pages Posted: 24 Jan 2023 Last revised: 19 May 2024

See all articles by Muhammad Munir

Muhammad Munir

International Islamic University, Islamabad - Department of Law

Date Written: January 19, 2023

Abstract

This work examines the complex difficulties surrounding a wife's and children's
right to maintenance under Islamic law, Pakistani statute law, and high court
rulings. The several problems that are investigated here include maintenance,
statutory law on maintenance, forums for establishing maintenance allowance,
the proper procedure that the Family Courts must follow to ascertain the
husband's means and sources in determining the amount of maintenance for the
wife and children, High Court intervention when approached under writ
petitions against interim maintenance orders by the Family Courts, higher
courts have been giving guidance, a disobedient wife is entitled to maintenance,
a wife who is willing to live with her husband, but the husband does not permit
her to do so is entitled to maintenance, the extent of the father's obligation to
maintain both his son and daughter, whether or not the father should maintain
an unmarried daughter, maintenance by the grandfather in the event that his
son is either unable or unwilling to maintain himself, and maintenance by the
father in the event that his son is incapable of or unwilling This research was
conducted using a doctrinal technique.

Keywords: Maintenance, Wife, Children, Islamic Law, Shar‘ia, Supreme Court, Lahore High Court

JEL Classification: Muslim Family Law, Muslim Personal Law, Maintenance of wife, maintenance of children

Suggested Citation

Munir, Muhammad, Maintenance of the Wife and Children in Islamic Law and Pakistani Legal System: An Appraisal (January 19, 2023). Federal Law Journal (FLJ), p- ISSN: 2959-3670 | e-ISSN: 2959-3727, Vol. I, No. II (Fall 2022) | Pages: 1 - 25, Available at SSRN: https://ssrn.com/abstract=4330754 or http://dx.doi.org/10.2139/ssrn.4330754

Muhammad Munir (Contact Author)

International Islamic University, Islamabad - Department of Law ( email )

House No. 9, Street 152, G-13/4
Islamabad, Islamabad Capital Territory 44,000
Pakistan
3335124423 (Phone)
0092-51-9258021 (Fax)

HOME PAGE: http://www.iiu.edu.pk

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