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INTERNATIONAL JOURNAL OF SCIENTIFIC DEVELOPMENT AND RESEARCH International Peer Reviewed & Refereed Journals, Open Access Journal ISSN Approved Journal No: 2455-2631 | Impact factor: 8.15 | ESTD Year: 2016 open access , Peer-reviewed, and Refereed Journals, Impact factor 8.15 |
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| Paper Title: | Analytical study of Maintenance under Muslim Law |
| Authors Name: | Dr. Atal Kumar |
| Unique Id: | IJSDR2207014 |
| Published In: | Volume 7 Issue 7, July-2022 |
| Abstract: | Every Muslims wife have right to get maintenance by husband. But only wife of Valid (Sahih) marriage i.e. Irregular Batil & Muta marriage wife is disqualify for maintenance. After marriage till Iddat, he able to maintain herself or not and whether her husband has sufficient means or not, the right of maintenance of wife of valid marriage given by husband. This right is based on Aayat - 241, Sura-II of the holy Quran: “Let the woman leave in Iddat (i.e. after dissolution of marriage) in the same still as you leave according to your means (i.e. Husband) & why they not so you restrict them and if he carry life there on (i.e. she is pregnant). Then spent your substance on them deliver the burden (i.e. until the birth of child) and for divorce woman let there be fair provision. This is an obligation on those who are manful of God”. These are the words of the Holy Quran. It means in original Muslim Law, the Right of maintenance is limited till the existence of marriage but till the end of Iddat. But under following situation she cannot demand for maintenance- a) After the attaining the age of puberty she is not living with her father and mother, b) When she living as prostitute, c) When he refuse to access by husband without any valid cause. Following has been held as valid cause- a) When Husband is minor, b) When any of them is ill, c) Marriage by husband other than prevailing marriage In case of Itwari vs Aasgar and Begam Saira Bano vs Abdul Gafur , Supreme Court held that if Muslim make have right to have four wives at time. But it is valid cause for wife to not allow the husband to access to her; even she has right to get maintenance from her husband. |
| Keywords: | Muslim Law- Maintenance-Divorce-Protection |
| Cite Article: | "Analytical study of Maintenance under Muslim Law", International Journal of Science & Engineering Development Research (www.ijsdr.org), ISSN:2455-2631, Vol.7, Issue 7, page no.127 - 132, July-2022, Available :http://www.ijsdr.org/papers/IJSDR2207014.pdf |
| Downloads: | 000338719 |
| Publication Details: | Published Paper ID: IJSDR2207014 Registration ID:200889 Published In: Volume 7 Issue 7, July-2022 DOI (Digital Object Identifier): Page No: 127 - 132 Publisher: IJSDR | www.ijsdr.org ISSN Number: 2455-2631 |
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