Maintenance of Muslim Women:

Comparative Analysis- India and

Pakistan

Submitted by: Subiyah Hafeez

Siddiqui
Roll. No: 17093
Group No.: 18
 • In the Quran the word maa’ta has been used in
the context of maintenance.

• In Islamic Sharia law, a husband is duty bound

to provide maintenance to his wife during the
MAINTENANCE subsistence of marriage and in the event of
divorce upto the expiration of iddat period.

• Bone of contention is the demand of

maintenance to woman beyond iddat period.
 • Pakistan follows Hanafi School of law.

• Before 1961, maintenance to divorced

Muslim wife was the subject matter of

PAKISTAN criminal law as well as Islamic law.

• Sh. Azmatullah v. Mst. Imtiaz Behum

• Report of Commission on Marriage and

Family Laws.
• Issue of maintenance beyond the iddat period on the reason of
breastfeeding to the suckling baby.
• Muhammad Aslam v Muhammad Usman

• The Muslim Family Law (Amendment) Bill 2009

 • Both Hanafi and Ithna-ashari schools are predominantly
followed.

• Before the enactment of the Muslim Women (Protection

of Rights on Divorce) Act, 1983, maintenance of wife
INDIA
was covered under section 125 of the CrPC, 1973.

• The harmonious construction of sections 125 and 127 of

CrPC.
 • 3 years after being driven out by husband, she filed a
petition against him asking for maintenance under section
125 of the CrPC.

• The High Court increased the amount from 25 to 179.20

MOHD AHMED rupees. He appealed in SC.
KHAN v. SHAH
BANO BEGUM • SC held if unable to maintain herself, divorced wife is
entitled to maintenance beyond iddat period.

• Enactment of Muslim Women (Protection of Rights on

Divorce) Act, 1986.
 Danial
Latifi v.
UOI

Muslim
Women
Act, 1986 Shabana
Syed
Bano v.
Fazal v.
Imran
UOI
Khan
 INDIA PAKISTAN
• Muslim Women (Protection • No legislation.
ANALYSIS of Rights on Divorce) Act, • Maintenance beyond the
1986. iddat period on the reason
• Maintenance beyond the of breastfeeding to the
iddat period on the reason of suckling baby is not
breastfeeding to the suckling recognized.
baby is recognized as per the • Maintenance till iddat
provisions of the holy book. period.
• Maintenance beyond iddat
period.
THANK YOU