The law of maintenance of wife and children during marriage and post-divorce in Pakistan : Lesson from Islamic Family Law (Federal Territories) Act 1984 (Malaysia)

In Islam, a wife's right to maintenance during marriage and post-divorce has been emphasized greatly in the Quran and Sunnah which are two main sources of Islamic Law. In many Muslim countries, legal frameworks, constitutional obligations, and religious duties require the state to take specific steps to protect the financial rights of Muslim women within families, which are designed to protect the rights of the maintenance of wives and children. This thesis discusses the maintenance of wives and children during marriage and after divorce in Pakistan with a special reference to the Islamic Family Law (Federal Territories) Act 1984 Malaysia. This study focuses on the maintenance of wife and children, specifically post-divorce maintenance of wife provision, which is not incorporated in the Muslim Family Law Ordinance 1961 of Pakistan. Amongst the objectives of this research is to examine the laws of maintenance of wives and children in Pakistan. It also analyses the law of maintenance of wives and children in Malaysia, especially the Islamic Family Law (Federal Territories) Act 1984, to get important lessons from this law. This study employs qualitative research, which is comprised of library and field research. The interview method is used to gather data from twenty respondents, including law experts (judges and lawyers), Islamic scholars, and aggrieved women. This study finds that the existing Islamic family law in Pakistan is insufficient to protect the rights of maintenance of wives and children during marriage and after divorce during iddah. Furthermore, the thesis highlights that the absence of the Family Support Division in Pakistan makes it difficult for divorced women and children to secure maintenance effectively. In contrast, Malaysia has established the Family Support Division. Therefore, the thesis recommends that the Muslim Family Law Ordinance 1961 must be reviewed on issues of maintenance of wife and children during marriage, especially post-divorce in Pakistan to protect the financial rights of the women and children. Additionally, it proposes the establishment of a Family Support Division in Pakistan to ensure the enforcement of maintenance orders and provide financial assistance to affected women and children, similar to the Malaysian model