DETERMINATION OF WIFE’S RIGHT TO MAINTENANCE UNDER ISLAMIC LAW: A REVIEW OF SOME SELECTED CASES OF SHARI’AH COURT
Abstract
Under Islamic Law, the wife’s right to maintenance is a subject of great concern for all. Jurisprudentially, no system of law can afford to be casual to this significant aspect of human activity.1 In view of this reality, every society, from primitive to modern, has tried to develop legal and extra-legal mechanisms for its regulation, specifying rights and obligations:
The right of maintenance arises from the very existence of relationship between the parties to the nuptial bond and it is unanimously agreed among Muslim scholars and jurists that the wife is the first in order of priority to this entitlement even before the children, parents and relatives.2 It is the lawful right of the wife to be provided at the husband’s expense with food, clothing and accommodation and customarily extend to other necessaries of life.
Full-Text Access Notice
In accordance with the NERD Policy on promoting peer-reviewed publication, public access to the full text of a project, thesis or dissertation is restricted for three years, allowing the author and supervisors sufficient time to pursue peer-reviewed publication.
During this period, researchers with legitimate academic or research purposes may request authorisation directly from the author to enable NERD to release the indexed full texts of the work using the form below.