Maintenance to Muslim Divorced Women: An Overview

Abstract

In common parlance the term Maintenance implies basic necessities of life which a person requires for the survival. Under the Muslim Law, the term ‘maintenance’ is called as ‘Nafaqa’ in Arabic terminology the term maintenance stand for the very word nafaqa which includes food, clothing, dwelling and other necessary articles, necessary for the livelihood and comfort of a woman. Under other personal laws a divorced wife is entitled to maintenance until her remarriage or indulgence in post-divorce adultery. But the Muslim law does not provide for any maintenance to a divorced wife after the period of Iddat. In case of Shah Bano when the controversy regarding the maintenance of divorced wife after iddat period is arose and Protection of Muslim Women Rights Act ,1986 was enacted in which there was a provision to pay a handsome and reasonable amount to a divorced wife by a hasband till the compilation of iddat period. The said provision backed by the holy Quranic provision in which the term “MATA” is used which implies handsome and reasonable amount for a divorced wife so that she can live her life after divorce in a dignity full manner. With respect to maintenance of divorce wife under the Muslim Law, the right of maintenance commences on divorce or when she comes to know of the divorce and ceases on the death of her husband, as her right of inheritance supervenes. In other cases where husband is alive and has divorced the wife, she can claim maintenance only during the Iddat period and not beyond that. The widow is therefore, not entitled to maintenance during the Iddat period commencing after death of the Husband. This rule has been a bone of contention and on this count there has been a debate in a society as to uniformity of the personal laws. Before the enactment of Protection of Muslim Women Rights Act ,1986 in Muslim law it was very easy for the husband to get or to give divorce to the Muslim wife, he can very easily escape the liability of providing maintenance to the wife. As mentioned above it is no longer obligatory for the erstwhile husband to provide maintenance beyond Iddat period. In this paper explain and clarify Muslim women maintenance under Muslim Personal law.