lOMoARcPSD|133 501 10

Downloaded by rajeev chaudhary (rajeevchaudhary4579@gmail.com)

 lOMoARcPSD|133 501 10

MUSLIM LAW ASSIGNMENT

Downloaded by rajeev chaudhary (rajeevchaudhary4579@gmail.com)

 lOMoARcPSD|133 501 10

Q1. EXPLAIN MAINTENANCE WITH

REFERANCE TO MOHD AHMAD KHAN VS.
SHAH BANO BEGUM , AIR 1985. SC. 945 ?
WHO ARE ENTITLED TO MAINTENANCE
UNDER MUSLIM LAW?
IS A DIVORCED WOMEN ENTITLED TO
MAINTENANCE ?

INTRODUCTION :

The concept of Maintenance in Muslim law was introduced to provide support to those people
who are not capable to maintain themselves.

The principle of maintenance includes the basic requirement of a person for survival and
includes amenities like food, clothing, shelter, education and other necessities of life

Under Muslim law in India, maintenance is known as ‘Nafqah’.

‘Nafqah’ is the amount that a man spends on his family.

The right to maintenance of a Muslim woman is absolute and not conditional on whether she can
maintain herself or not.

Hence all the Muslim women earning or not earning are eligible for the right to maintenance
which is contrary to most of the other religious acts where only dependent women are eligible for
the maintenance.

Downloaded by rajeev chaudhary (rajeevchaudhary4579@gmail.com)

 lOMoARcPSD|133 501 10

MAINTENANCE OF MUSLIM
WOMEN :

It is the duty and liability of the husband to provide adequate maintenance to his wife in all the
circumstances irrespective of his financial condition. However, a Muslim woman cannot claim
maintenance from her husband in the following cases:

1. She has not attained puberty.

2. She has abandoned her husband and marital duties with sufficient reason.

3. Where she elopes with some other man.

4. In a case where she disobeys the reasonable commands of her husband.

Quantum of Maintenance

The quantum of maintenance is not prescribed under any personal law. The court decides the
quantum on the basis of the financial condition of husband and wife and any other circumstances
relevant to the case.

The Shia Law decides the quantum of maintenance by taking into consideration the requirements
of the wife. The Shafei Law determines the quantum of maintenance by the post of the husband.
Thus, the basis of determination of quantum of maintenance is different for different sub-castes
of Muslims.

Maintenance to Muslim Divorced :

Downloaded by rajeev chaudhary (rajeevchaudhary4579@gmail.com)

 lOMoARcPSD|133 501 10

In terms of Section (3) (a) of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a
Muslim husband is liable to make reasonable and fair provision for the future of the divorced
wife.

This includes her maintenance as well. Accordingly, the husband has to make a fair and
reasonable provision for the maintenance of the wife beyond the iddat period as per the terms of
Section 3 (1) (a) of the Act.

A divorced Muslim woman who has not remarried and who is not able to maintain herself after
iddat period can claim maintenance under Section 4 of this act from her relatives who are entitled
to her property after her death. This has provided additional rights to Muslim women

Maintenance of the Children

Muslim Father is under the obligation to maintain his legitimate child until he attains the puberty
age. Under Muslim Law, the father has to maintain his son only until he attains majority.

While he has to maintain his daughter until her marriage and till the time she goes to her
husband’s home. Under the law, the father is not under a duty to maintain the illegitimate child.

Thus after perusing the above-mentioned facts, it can be easily concluded that the maintenance
provisions of Muslim Law are different from other personal laws and are very unique.

Shah Bano Begum Vs Mohammad Ahmed Khan,

AIR 1985 SC 945

In this case, Shah Bano Begum, a 62 years old lady filed a petition under section 125 of Crpc
before Judicial Magistrate of Madhya Pradesh. The petition stated that her husband has
pronounced Talaq to her and she has not even remarried and thus she was entitled to
maintenance. For which her husband has stated that he had no liability to provide maintenance to
her as under Muslim Law, a divorced wife has no right of maintenance after Iddat period.

Downloaded by rajeev chaudhary (rajeevchaudhary4579@gmail.com)

 lOMoARcPSD|133 501 10

The magistrate, in this case, passed an order stating that the husband is entitled to provide her
maintenance of Rs.25 per month as per Section 125 of Crpc.

Shah Banu filed a revision petition against this order in the High court of Indore for enhancement
of the amount of maintenance. For which Indore High court has enhanced the amount of
maintenance to 179.20 Rs per month.

Against this order, Mohd. Ahmed Khan appealed to the Supreme court. Supreme court rejected
the appeal and stated that Muslim wife is entitled to maintenance even after the period of Iddat if
she is not able to maintain herself.

The Supreme court has observed that with this judgment the distinction between the Muslim
personal law and Civil Procedure code will come to an end. But the judgment has even increased
the controversy as a result of which the legislatures have to make a new law to govern Muslim
divorce i.e. Muslim Women (Protection of Rights on Divorce) Act 1986.

This act has enacted some provisions in support of Muslim Personal Law and has restricted the
application of Section 125 of Crpc regarding the maintenance of Muslim wife. The Act has stated
that the husband is entitled to provide maintenance only during the period of Iddat and not
beyond that. If the wife is not able to maintain herself after iddat period then, in that case, she
can seek maintenance through Wakf Board or relatives of her or her husband. This act has not
mentioned anything clearly and has created various confusions in the judicial system and was
considered as vague. The confusion of this act has been solved by the Supreme Court of India.

Even though the verdict of Shah Bano case given by the Supreme Court was invalidate by the
endorsement of Muslim Women Act, the court held in further verdict's that divorced Muslim.
women, under Section 125 of CrPc can affirm maintenance or alimony from their former
husband, or apart from this divorced Muslim women can assert or claim for round some money
or amount under Muslim Women Act.

Downloaded by rajeev chaudhary (rajeevchaudhary4579@gmail.com)

 lOMoARcPSD|133 501 10

CONCLUSION:

In the case of Mohd. Ahmad Khan V/S Shah Bano Begum, the Supreme Court specifically
underlined the that Triple Talaq cannot take away the maintenance right of a divorced Muslim
women who is not in a condition to maintain herself or her children when she is disowned or
divorced by her husband. The period when the verdict of Shah Bano Case was delivered by the
Supreme Court it faced a lot of criticism. At that point of time Muslim women weather married
or unmarried were not given freedom even they were debarred from there basic freedom, which
is against humanity and it basically violates the basic or fundamental rights of humans. Muslim
women were backward in there status as compared to other women of the world. They were not
educated and self-reliant as compared to other women. They faced serious issues and problems
which led to the decrease in their level of self-confidence and their knowledge in various sects.
Along with these things they were not allowed to study or educate themselves and they were also
denied to work either. Since they faced all these things from their very childhood it was very
natural that they in their difficult time cannot earn their living and can maintain themselves so for
them alimony or maintenance was much needed.

*********

Downloaded by rajeev chaudhary (rajeevchaudhary4579@gmail.com)

 lOMoARcPSD|133 501 10

Downloaded by rajeev chaudhary (rajeevchaudhary4579@gmail.com)