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Maintenance of Wife under Islamic Shariah and Statutory Laws of Bangladesh: An Analytical Overview

- Maintenance of Wife under Islamic Shariah and Statutory Laws of Bangladesh: An Analytical Overview -

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Maintenance of Wife under Islamic Shariah and Statutory Laws of Bangladesh: An Analytical Overview

Maksuda Akter
Department of Law, Islamic University, Kushtia,

Md. Golam Rosul
Department of Law, Bangladesh Islami University, Dhaka,


Publish Date: September 8, 2022

DOI: #

Issue: 8

Page Number: 121-141

PDF: View PDF


Abstract

The introduction of maintenance under Muslim law refers to a wife’s entitlement to maintenance and provides a mechanism for recovering maintenance is discussed and examined in this article, with particular emphasis on the rules governing maintenance and their applicability in Bangladesh. The fundamental needs of a person in order to survive are covered by the maintenance principle. The amount that a husband is legally required to pay his wife, either in the course of the marriage or in some cases, after a detachment or separation, is known as maintenance. According to Islamic law, the husband must provide his wife with adequate support. The wife has an absolute right to get support from her spouse. No supplementary maintenance agreement is necessary for the exercise of this right. Regardless of whether the woman is Muslim or not, wealthy or not, in good health or not or of sound mind, she has rights. She has a right to be supported by her spouse even though she lives apart from him due to his abusive actions. It is the husband’s responsibility to support his wife even though she may have the resources to do so in cases when the marriage is legal and the wife is capable of engaging in marital relations. But she forfeits her entitlement to maintenance if she unreasonably refuses to live with her husband. A divorced woman has the right to ask her ex-husband for maintenance. But, a divorced wife can only request maintenance from her ex-husband for the 90 days that she is adhering to her iddat.

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