Post-Divorce Maintenance Rights for Muslim Women in Pakistan and Iran: Making the Case for Law Reform

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Abstract

Protecting women and children is one of the core values of the Islamic legal tradition. In Muslim countries religious, constitutional, and legal frameworks obligate the state to take special measures to provide protection to women and children within families and in society. However, despite such provisions, post-divorce maintenance rights are not granted to women in Pakistan and Iran. Family law enacted in Pakistan and Iran still differs in form and substance from what has been mentioned in the primary sources of Islamic law and from the previous articulations of early Islamic law scholars. Moreover, patriarchal notions of male authority are still sustained through law and judicial interpretations when it comes to the question of giving post-divorce maintenance to women. As a result in the absence of a welfare system divorced women are left in a vulnerable situation. Although in Iran, some financial compensation under the concept of Ujrat ul Misl (compensation for household chores) is given to divorced women, but it remains unclear whether the right to Mata’at-ul-Talaq (post-divorce maintenance) has been recognised under the family law. In Pakistan the law does not include any provision for giving women Ujrat ul Misl and Mata’at- ul -Talaq. Moreover in the absence of a welfare system, divorced Muslim women in both countries are left in a vulnerable situation. This article engages with plural normative sources and contemporary notions of human rights to make the case for family law reform and for awarding post-divorce maintenance rights to Muslim women in Pakistan and Iran.
Original languageEnglish
Pages (from-to)59-98
Number of pages40
JournalMuslim World Journal of Human Rights
Volume15
Issue number1
Early online date21 Aug 2018
DOIs
Publication statusPublished - 19 Dec 2018

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law reform
divorce
Pakistan
Iran
Muslim
family law
Law
right to maintenance
welfare
human rights
interpretation

Bibliographical note

Copyright © De Gruyter. Moral Rights are retained by the author(s) and/ or other
copyright owners. A copy can be downloaded for personal non-commercial
research or study, without prior permission or charge. This item cannot be
reproduced or quoted extensively from without first obtaining permission in
writing from the copyright holder(s). The content must not be changed in any way
or sold commercially in any format or medium without the formal permission of
the copyright holders.

Keywords

  • Iran
  • Law reform
  • Muslim women
  • Pakistan
  • Post- divorce maintenance rights

ASJC Scopus subject areas

  • Law

Cite this

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title = "Post-Divorce Maintenance Rights for Muslim Women in Pakistan and Iran: Making the Case for Law Reform",
abstract = "Protecting women and children is one of the core values of the Islamic legal tradition. In Muslim countries religious, constitutional, and legal frameworks obligate the state to take special measures to provide protection to women and children within families and in society. However, despite such provisions, post-divorce maintenance rights are not granted to women in Pakistan and Iran. Family law enacted in Pakistan and Iran still differs in form and substance from what has been mentioned in the primary sources of Islamic law and from the previous articulations of early Islamic law scholars. Moreover, patriarchal notions of male authority are still sustained through law and judicial interpretations when it comes to the question of giving post-divorce maintenance to women. As a result in the absence of a welfare system divorced women are left in a vulnerable situation. Although in Iran, some financial compensation under the concept of Ujrat ul Misl (compensation for household chores) is given to divorced women, but it remains unclear whether the right to Mata’at-ul-Talaq (post-divorce maintenance) has been recognised under the family law. In Pakistan the law does not include any provision for giving women Ujrat ul Misl and Mata’at- ul -Talaq. Moreover in the absence of a welfare system, divorced Muslim women in both countries are left in a vulnerable situation. This article engages with plural normative sources and contemporary notions of human rights to make the case for family law reform and for awarding post-divorce maintenance rights to Muslim women in Pakistan and Iran.",
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N2 - Protecting women and children is one of the core values of the Islamic legal tradition. In Muslim countries religious, constitutional, and legal frameworks obligate the state to take special measures to provide protection to women and children within families and in society. However, despite such provisions, post-divorce maintenance rights are not granted to women in Pakistan and Iran. Family law enacted in Pakistan and Iran still differs in form and substance from what has been mentioned in the primary sources of Islamic law and from the previous articulations of early Islamic law scholars. Moreover, patriarchal notions of male authority are still sustained through law and judicial interpretations when it comes to the question of giving post-divorce maintenance to women. As a result in the absence of a welfare system divorced women are left in a vulnerable situation. Although in Iran, some financial compensation under the concept of Ujrat ul Misl (compensation for household chores) is given to divorced women, but it remains unclear whether the right to Mata’at-ul-Talaq (post-divorce maintenance) has been recognised under the family law. In Pakistan the law does not include any provision for giving women Ujrat ul Misl and Mata’at- ul -Talaq. Moreover in the absence of a welfare system, divorced Muslim women in both countries are left in a vulnerable situation. This article engages with plural normative sources and contemporary notions of human rights to make the case for family law reform and for awarding post-divorce maintenance rights to Muslim women in Pakistan and Iran.

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