LACK OF MAINTENANCE (ADAM NAFAQAH ) AS A JUDICIAL GROUND FOR DISSOLUTION OF MARRIAGE UNDER ISLAMIC LAW
This paper delves into the Islamic principle of , or
maintenance, and its implications for divorce proceedings.
Specifically, it examines the circumstances under which a
lack of ( ) may be considered a
valid reason for a wife to seek legal dissolution of her
marriage. The paper also delves into the legal justifications
and requirements necessary to support such a claim.
Moreover, it explores the broader concept of , encompassing the necessities a husband must provide for
his wife, as well as financial and material support for her
overall well-being. The analysis is rooted in Islamic
jurisprudence and various Islamic legal sources. The study
adopted a doctrinal method of research. The paper found
that the Muslim Jurists are divided as to whether the wife
should be allowed to claim dissolution of the marriage
solely on grounds of lack of maintenance, although they
both allude to the fact that the wife does encounter hardship
in such circumstances. Therefore, it is recommended that
the judicial authorities should thoroughly investigate
complaints made by wives of lack of maintenance, and
where such a plea is found to be true, relief must be
accorded to the woman as per the Maliki jurists' reasoning
against what the Hanafi and Zahiri jurists have opined on
the issue.
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