PROJECT REPORT

ON

Maintenance of Wife under Muslim Law

April 2024

Submitted By: Submitted To:

Amrit Shikhar Zahid Parwez
UL21BB06 (Faculty of Law)
 DECLARATION

We, the undersigned, hereby declare that the project assigned Maintenance of Wife under
Muslim Law has been envisioned, developed, and executed with the collective effort and
dedication of the involved individuals. This project aims to explain the grounds of Divorce
under Hindu, marriage act. With Special reference to irretrievable breakdown of Marriage
The inception and execution of this project were undertaken with a collaborative spirit,
pooling together the expertise, creativity, and resources of all contributors involved.
Throughout the course of this project, diligent efforts were made to adhere to high standards
of innovation, quality, and ethical conduct. All methodologies, research, and implementations
were conducted in accordance with best practices and in compliance with relevant regulations
and guidelines.
The success of this project owes gratitude to the unwavering support, guidance, and
mentorship provided by Zahid Parwez. his invaluable insights, encouragement, and expertise
significantly contributed to the project's development and ultimate fruition.
We affirm that this project's outcomes and achievements reflect the culmination of dedicated
teamwork, perseverance, and the pursuit of excellence.
Signed:
Amrit Shikhar
Date: 1/05/2024
 CERTIFICATE

This is to certify that the major project entitled “Maintenance of Wife under Muslim Law
done by Amrit Shikhar (UL21BB06) is an authentic work carried out by him at Xavier Law
School Bhubaneswar the matter embodied in this project work has not been submitted
earlier for the award of any degree or diploma to the best of my knowledge and belief.

DATE: 1/05/2024
MR. Zahid Parwez
 Introduction
Within the intricate tapestry of Islamic jurisprudence, the institution of marriage holds profound
significance, embodying principles of equity, compassion, and mutual support. Central to the
dynamics of marital relationships is the concept of maintenance, a fundamental obligation delineated
under Muslim law, which underscores the responsibility of a husband to provide for the material
needs and welfare of his wife. The maintenance of a wife within this legal framework serves as a
cornerstone in nurturing harmonious family structures, upholding the dignity and well-being of
spouses, and reflecting the timeless ethical principles inherent in Islamic teachings.
Rooted in Quranic injunctions and prophetic traditions, the concept of maintenance (nafaqah) in Islam
is imbued with profound moral and spiritual dimensions, reflecting the overarching ethos of justice,
compassion, and reciprocity within marital bonds. Quranic verses such as Surah An-Nisa (4:34)
emphasize the husband's role as the provider and protector of his family, underscoring the inherent
responsibility to ensure the sustenance and welfare of his wife. Similarly, prophetic traditions
elucidate the importance of fulfilling this duty with kindness and generosity, affirming that the
provision of maintenance constitutes a sacred trust entrusted to the husband by divine decree.
The obligation of maintenance in Islamic law transcends mere financial sustenance, encompassing a
holistic provision for the wife's material, emotional, and social needs. Beyond the provision of food,
clothing, and shelter, maintenance extends to encompass healthcare, education, and the maintenance
of a reasonable standard of living commensurate with the husband's means and societal norms.
Moreover, Islamic jurisprudence accords particular consideration to the unique circumstances and
vulnerabilities of the wife, emphasizing the husband's duty to safeguard her dignity, honour, and
overall well-being.
While the obligation to provide maintenance is unequivocal, Islamic law acknowledges the variability
of individual circumstances and endeavours to strike a balance between the rights and responsibilities
of spouses. The determination of the quantum and nature of maintenance is contingent upon several
factors, including the husband's financial capacity, the standard of living of the parties involved, as
well as the presence of dependents such as children or elderly parents. Islamic legal scholars employ
principles of equity (adl) and custom (urf) to adjudicate disputes related to maintenance, ensuring a
fair and just resolution that upholds the spirit of Islamic ethics and jurisprudence.
Historically, the regulation of maintenance under Muslim law evolved through the synthesis of
Quranic principles, prophetic traditions, and juristic interpretations, resulting in diverse legal
traditions across different schools of thought (madhabs). While the basic principles remained
consistent, nuances in interpretation and application emerged, reflecting the dynamic nature of Islamic
jurisprudence and its responsiveness to societal contexts. The Hanafi, Maliki, Shafi'i, and Hanbali
schools of jurisprudence each offer distinct perspectives on the intricacies of maintenance, addressing
issues such as the duration, quantum, and scope of the husband's obligation with nuanced legal
reasoning and scholarly consensus.
In contemporary times, the discourse on maintenance under Muslim law has been further enriched by
the intersection of legal reform, social change, and gender dynamics. Many Muslim-majority
countries have enacted legislation codifying provisions related to maintenance, aiming to ensure
greater clarity, consistency, and adherence to principles of justice and equality. Additionally, feminist
scholars and activists have advocated for a more expansive interpretation of maintenance laws,
advocating for gender-sensitive reforms that address issues of economic empowerment, marital
autonomy, and social justice for women.
The maintenance of a wife under Muslim law encapsulates a multifaceted framework grounded in
ethical imperatives, legal precedents, and societal norms. By fostering equitable relations between
spouses and safeguarding the welfare of women within the institution of marriage,

Liability For Maintenance

Under Muslim law, the concept of maintenance, known as "nafaqah," embodies the fundamental
principle of ensuring the welfare and sustenance of individuals, particularly within familial
relationships. While the obligation of maintenance is primarily associated with the husband's duty to
provide for his wife, it extends to other family members in need, including children, parents, and
relatives. Liability for maintenance under Muslim law is intricately governed by Quranic injunctions,
prophetic traditions (Hadith), as well as interpretations and rulings by jurists (fiqh) across various
schools of thought (madhhab). Let's delve into the details of this concept:
 Quranic Basis: Quranic verses provide the foundational basis for the obligation of maintenance.
Surah An-Nisa (4:34), for instance, outlines the husband's role as the protector and maintainer of
his family, emphasizing his responsibility to provide for their material needs. Similarly, Surah At-
Talaq (65:6) emphasizes the importance of ensuring that the person who has means provides for
those who do not.
 Prophetic Traditions: The Hadith literature further elucidates the importance of maintenance in
Islam. Numerous traditions narrate the Prophet Muhammad's teachings on the obligation of
husbands to provide for their wives and families. For example, the Prophet is reported to have
said, "It is better for you to leave your heirs well-off than to leave them poor, begging from
people" (Sahih al-Bukhari).
 Scope of Maintenance: Maintenance encompasses various aspects of support, including
providing food, clothing, shelter, medical care, and other necessities essential for a dignified
standard of living. The scope of maintenance also extends to the wife's emotional and social well-
being, emphasizing the husband's duty to treat her with kindness, respect, and consideration.
 Financial Capacity and Custom: The determination of the quantum and nature of maintenance
is contingent upon the husband's financial capacity and the prevailing customs and standards of
living. Islamic jurisprudence considers the husband's income, assets, and obligations in assessing
his ability to fulfil the maintenance obligation. Moreover, regional customs and societal norms
may influence the expectations regarding maintenance, with courts often considering these factors
in their rulings.
 Duration of Maintenance: The duration of maintenance may vary depending on the
circumstances. Generally, maintenance is owed for the duration of the marriage. In cases of
divorce, the wife may be entitled to post-divorce maintenance (iddah) for a specified period,
typically lasting three menstrual cycles or three months, during which the husband remains
responsible for her support.
 Child Maintenance: In addition to spousal maintenance, Muslim law imposes a clear obligation
on parents, primarily the father, to provide for the material needs of their children. This includes
expenses related to food, clothing, education, and healthcare. The obligation continues until the
child reaches adulthood or becomes self-sufficient, with variations in rulings among different
schools of jurisprudence.
 Enforcement and Legal Mechanisms: While the moral and religious obligation for maintenance
is inherent, legal mechanisms exist to enforce these rights. Family courts in many Muslim-
majority countries adjudicate disputes related to maintenance, ensuring that the obligations
 outlined by Islamic law are upheld. Legal provisions may also exist to address cases of non-
compliance or neglect of maintenance duties.
 Contemporary Challenges and Reforms: In modern times, challenges such as economic
disparities, gender inequality, and changing family structures have prompted discussions on
reforming maintenance laws to better reflect the principles of justice, equality, and social welfare.
Feminist movements and legal reforms in some jurisdictions seek to enhance women's rights in
matters of maintenance, addressing issues such as financial independence, marital property rights,
and the enforcement of maintenance orders.
In essence, liability for maintenance under Muslim law is rooted in the ethical imperatives of justice,
compassion, and familial responsibility. By ensuring the material and emotional well-being of family
members, maintenance serves as a cornerstone in fostering harmonious relationships and upholding
the principles of social justice within Islamic legal frameworks.

Requisites for a claim of Maintenance

Under Muslim law, the entitlement to claim maintenance, known as "nafaqah," extends to specific
individuals within the family structure who are considered dependents or in need of support. While
the primary focus is often on the maintenance rights of wives, other family members, such as children,
parents, and certain relatives, may also have legitimate claims depending on their circumstances. Let's
explore in detail who can claim maintenance under Muslim law:
 Wife (Spousal Maintenance):
 The wife holds a primary position in claiming maintenance under Muslim law. Upon
marriage, the husband assumes the duty to provide for his wife's material needs, including
food, clothing, shelter, and other essentials for a dignified standard of living.
 The obligation of spousal maintenance persists throughout the duration of the marriage,
including during any period of separation, unless dissolved by divorce or other legal
means.
 In cases of divorce, the wife may be entitled to post-divorce maintenance (iddah) for a
specified period, typically lasting three menstrual cycles or three months, during which
the husband remains responsible for her support.
 Children (Child Maintenance):
 Parents, primarily the father, bear the responsibility for the maintenance of their children
under Muslim law. This obligation includes providing for the child's material needs, such
as food, clothing, education, and healthcare.
 Child maintenance extends until the child reaches adulthood or becomes self-sufficient.
The duration and quantum of child maintenance may vary depending on the child's age,
gender, and individual circumstances.
 Even in cases where the parents are divorced or separated, the obligation for child
maintenance remains intact, with both parents sharing the responsibility according to their
means.
 Parents:
 In certain circumstances, parents may claim maintenance from their children under
Muslim law. This often occurs when parents are elderly, infirm, or otherwise unable to
support themselves.
  The duty to provide maintenance for parents is considered a moral and religious
obligation, rooted in the Quranic injunctions emphasizing kindness and respect towards
parents.
 While the primary responsibility may fall on the sons, daughters are also obligated to
support their parents if they are in need and have the means to do so.
 Relatives:
 In exceptional cases, certain relatives may claim maintenance under Muslim law if they
are considered dependents and have no other means of support.
 This may include dependent siblings, grandparents, or other relatives who are unable to
support themselves due to illness, disability, or other circumstances.
 The entitlement to claim maintenance for relatives is often contingent upon demonstrating
genuine need and lack of alternative means of support.
 Others:
 While the aforementioned categories represent the primary recipients of maintenance
under Muslim law, there may be exceptional circumstances where individuals outside of
these categories can claim maintenance based on specific legal rulings or societal
customs.
 For example, a divorced wife may continue to receive maintenance beyond the iddah
period if she is unable to remarry due to circumstances such as old age or disability.

Quantum of Maintenance
It's important to note that the entitlement to claim maintenance under Muslim law is not absolute and
may vary based on factors such as financial capacity, familial relations, and prevailing customs and
norms. Additionally, legal mechanisms and family courts may adjudicate disputes related to
maintenance, ensuring that the obligations outlined by Islamic law are upheld in a manner that is just
and equitable for all parties involved.
The quantum of maintenance, also known as "nafaqah," under Muslim law refers to the determination
of the amount and nature of support that a husband is obligated to provide for his wife, children, and
other dependents. This determination is guided by various factors, including the financial capacity of
the husband, the standard of living of the parties involved, and the prevailing customs and norms.
Let's explore in detail the factors that influence the quantum of maintenance under Muslim law:
 Financial Capacity of the Husband:
 The primary consideration in determining the quantum of maintenance is the financial
capacity of the husband. Islamic law recognizes that the husband's ability to provide
support may vary based on his income, assets, and financial obligations.
 Courts may assess the husband's income, including wages, investments, and other sources
of revenue, to determine his capacity to fulfil the maintenance obligation. The husband is
expected to contribute a reasonable portion of his income towards supporting his wife and
dependents.
 Standard of Living:
 The standard of living enjoyed by the parties involved is another crucial factor in
determining the quantum of maintenance. Islamic jurisprudence emphasizes the principle
 of maintaining a reasonable standard of living for the wife and dependents, commensurate
with the husband's means.
 Courts may consider factors such as housing expenses, food costs, educational needs,
healthcare expenses, and other essentials for a dignified lifestyle. The maintenance
awarded should enable the wife and dependents to maintain a standard of living similar to
that enjoyed during the marriage, to the extent possible.
 Needs and Expenses of the Wife and Dependents:
 The specific needs and expenses of the wife and dependents play a significant role in
determining the quantum of maintenance. This includes expenses related to food,
clothing, shelter, healthcare, education, and other necessities essential for their well-
being.
 Courts may conduct assessments or consider evidence presented regarding the actual
needs and expenses of the wife and dependents to arrive at a fair and equitable
maintenance award. The maintenance amount should be sufficient to meet these needs
adequately.
 Duration of Maintenance:
 The duration for which maintenance is awarded also influences the quantum.
Maintenance obligations may vary depending on factors such as the duration of the
marriage, the age of the children, and other relevant circumstances.
 For instance, maintenance awarded during the marriage is ongoing and may be reassessed
periodically to account for changes in financial circumstances or needs. In cases of
divorce, post-divorce maintenance (iddah) may be awarded for a specified period,
typically lasting three menstrual cycles or three months.
 Regional Customs and Norms:
 Regional customs and societal norms may also influence the quantum of maintenance.
While Islamic law provides general principles regarding maintenance, the specific
expectations and standards may vary across different cultures and communities.
 Courts may take into account prevailing customs and norms when determining the
quantum of maintenance, ensuring that the award aligns with the expectations and needs
of the parties involved.
In summary, the quantum of maintenance under Muslim law is determined based on a careful
assessment of various factors, including the financial capacity of the husband, the standard of living of
the parties, the needs and expenses of the wife and dependents, the duration of maintenance, and
regional customs and norms. By considering these factors comprehensively, courts aim to arrive at a
maintenance award that is fair, equitable, and sufficient to meet the material needs and well-being of
the recipients.

Circumstances in which wife not entitled to get

Maintenance
Under Muslim law, the entitlement of a wife to maintenance (known as "nafaqah") is generally
considered a fundamental right, emphasizing the husband's obligation to provide for her material
needs and well-being. However, there are certain circumstances under which a wife may not be
entitled to receive maintenance. These circumstances may vary depending on the legal system and
interpretations within different Muslim-majority countries and schools of jurisprudence. Let's explore
some scenarios in detail:
 Mutual Agreement:
 If the husband and wife mutually agree to waive the right to maintenance or negotiate
alternative arrangements, such as a lump sum settlement or financial independence for the
wife, the wife may not be entitled to receive ongoing maintenance. Such agreements must
be entered into freely, without coercion or undue influence, and may be subject to legal
scrutiny to ensure fairness and equity.
 Marriage Contract:
 In some cases, the terms of the marriage contract (Nikahanma) may specify provisions
regarding maintenance, including waivers or limitations on the wife's entitlement to
maintenance. If the marriage contract explicitly addresses maintenance issues and the
parties have agreed to its terms, those provisions may govern the rights and obligations of
the spouses regarding maintenance.
 Adultery or Immorality:
 According to some interpretations of Islamic law, if the wife engages in adultery or
immoral behaviour that constitutes a breach of the marital contract, she may forfeit her
right to maintenance. Adultery is considered a serious offense in Islam, and some jurists
argue that a wife who violates the sanctity of marriage through such actions may lose
entitlement to financial support from her husband.
 Khula' or Faskh:
 Khula' refers to the Islamic procedure through which a wife seeks a divorce by
relinquishing her financial rights in exchange for dissolution of the marriage. In such
cases, the wife may forfeit her right to ongoing maintenance from the husband as part of
the khula' agreement.
 Similarly, if the marriage is dissolved through faskh (judicial annulment) due to valid
reasons such as the husband's impotence or failure to fulfil marital obligations, the wife
may not be entitled to maintenance following the dissolution of the marriage.
 Financial Independence:
 If the wife possesses independent means of financial support or is financially self-
sufficient, she may not be entitled to ongoing maintenance from her husband. Islamic law
places an obligation on the husband to provide for the wife's material needs only to the
extent that she is unable to support herself.
 If the wife earns a sufficient income, inherits property, or receives financial support from
other sources, the husband's obligation to provide maintenance may be diminished or
eliminated altogether, depending on the circumstances.
 Irrevocable Divorce:
  In cases where the marriage is irrevocably dissolved through talaq-e-bain or three
pronouncements of divorce, the wife may not be entitled to maintenance beyond the iddah
period. Once the divorce is finalized, the husband's maintenance obligation ceases, and
the wife is free to remarry or support herself through other means.
It's important to note that the circumstances under which a wife may not be entitled to maintenance
can vary based on legal interpretations, cultural norms, and individual circumstances. Additionally,
Islamic law emphasizes the equitable treatment of spouses and the protection of women's rights, and
any decision regarding maintenance should be guided by principles of justice, fairness, and
compassion.

Maintenance under The Muslim Women

(Protection of Rights on Divorce) Act,1986
The Muslim Women (Protection of Rights on Divorce) Act, 1986, commonly known as the MWA,
was enacted in India to provide additional safeguards and rights to Muslim women in matters of
divorce and maintenance. It aimed to address the inadequacies of traditional Islamic law in providing
adequate protection to divorced Muslim women, particularly concerning maintenance and financial
support. Let's explore the provisions of the MWA, 1986, regarding maintenance in detail:
 Applicability:
 The MWA, 1986, applies to all Indian Muslim women, regardless of their sect or school
of jurisprudence. It provides protection to Muslim women in matters of divorce,
maintenance, and related issues.
 Entitlement to Maintenance:
 The MWA, 1986, recognizes the right of a divorced Muslim woman to claim
maintenance from her former husband for the duration of the iddah period (the waiting
period after divorce).
 During the iddah period, the husband is required to provide maintenance to the wife,
including accommodation, food, clothing, and other essentials, as per his financial
capacity.
 Time Limit for Maintenance:
 The Act stipulates that maintenance is payable to the divorced wife only during the iddah
period, which typically lasts for three menstrual cycles or three lunar months after the
divorce is pronounced.
 Maintenance under the MWA, 1986, is not payable beyond the iddah period. However, if
the wife is unable to maintain herself after the iddah period, she may seek maintenance
under other applicable laws, such as the Code of Criminal Procedure (CrPC) or the
Domestic Violence Act.
 Determination of Maintenance:
 The Act does not specify the quantum of maintenance to be paid to the divorced wife
during the iddah period. Instead, it empowers the Magistrate to determine a "reasonable
 and fair" amount of maintenance based on the financial capacity of the husband and the
needs of the wife.
 The Magistrate may consider various factors, including the standard of living enjoyed
during the marriage, the earning capacity of the husband, the financial resources of the
wife, and any other relevant circumstances.
 Enforcement of Maintenance Orders:
 Maintenance orders issued under the MWA, 1986, are enforceable through the provisions
of the Code of Criminal Procedure (CrPC). If the husband fails to pay maintenance as
ordered by the Magistrate, the wife can seek enforcement through legal proceedings,
including garnishment of wages or attachment of property.
 Protection from Summary Eviction:
 The Act also provides protection to the divorced wife against summary eviction from the
marital home during the iddah period. The husband is required to provide suitable
accommodation to the wife until the completion of the iddah period, unless the wife
chooses to reside elsewhere.
 Legal Rights and Remedies:
 The MWA, 1986, grants divorced Muslim women legal rights and remedies to seek
maintenance and protection of their rights in case of divorce. It empowers them to
approach the appropriate judicial authority, typically a Magistrate, to seek redressal of
grievances related to maintenance and related issues.
In summary, the Muslim Women (Protection of Rights on Divorce) Act, 1986, represents a significant
legislative intervention aimed at safeguarding the rights and interests of divorced Muslim women in
India. By recognizing their entitlement to maintenance during the iddah period and providing legal
mechanisms for enforcement, the Act seeks to alleviate the financial hardships faced by divorced
Muslim women and ensure their socio-economic empowerment and dignity.

Conclusion
Maintenance of a wife under Muslim law stands as a cornerstone in fostering equitable and just
familial relations, rooted in the ethical imperatives of compassion, fairness, and mutual support.
Throughout history, Islamic jurisprudence has placed significant emphasis on the husband's obligation
to provide for his wife's material needs and well-being, reflecting the foundational principles of
justice and dignity inherent in Islamic teachings. From Quranic injunctions to prophetic traditions and
juristic interpretations, the concept of maintenance embodies the timeless values of care,
responsibility, and respect within the marital relationship.
In exploring the intricacies of maintenance of a wife under Muslim law, several key themes emerge,
underscoring the multifaceted nature of this concept and its profound implications for individuals,
families, and societies at large. By delving into these themes, we gain a deeper understanding of the
complexities inherent in the maintenance framework and the enduring relevance of its principles in
contemporary contexts.
At its core, maintenance of a wife under Muslim law is imbued with ethical imperatives and religious
mandates, emphasizing the husband's duty to provide for his wife's material needs and uphold her
dignity within the marital relationship. Quranic verses and prophetic traditions underscore the
importance of kindness, compassion, and generosity towards one's spouse, highlighting maintenance
as a sacred trust ordained by divine decree.
The ethical dimensions of maintenance extend beyond mere financial support, encompassing the
husband's broader responsibilities towards his wife's emotional well-being, social integration, and
overall welfare. Islamic jurisprudence emphasizes the holistic nature of maintenance, affirming the
husband's duty to treat his wife with respect, consideration, and fairness in all aspects of their marital
life.
Maintenance of a wife under Muslim law is governed by a comprehensive legal framework,
encompassing Quranic injunctions, prophetic traditions, and juristic interpretations across various
schools of thought (madhahib). While the basic principles remain consistent, nuances in interpretation
and application have led to diverse legal traditions and practices, reflecting the dynamic nature of
Islamic jurisprudence.
Islamic legal scholars employ principles of equity, fairness, and custom to adjudicate disputes related
to maintenance, ensuring that rulings are grounded in the broader objectives of justice and welfare.
The determination of the quantum and nature of maintenance considers factors such as the husband's
financial capacity, the standard of living of the parties, and the specific needs and circumstances of
the wife, thereby balancing the rights and responsibilities of spouses in accordance with Islamic law.
In contemporary times, the discourse on maintenance of a wife under Muslim law is shaped by
evolving socio-economic dynamics, changing family structures, and gender relations. Economic
disparities, gender inequality, and shifting cultural norms present challenges and opportunities for
reforming maintenance laws to better align with principles of justice, equality, and social welfare.
Feminist movements and legal reforms in many Muslim-majority countries advocate for gender-
sensitive approaches to maintenance, addressing issues such as economic empowerment, marital
autonomy, and social justice for women. By promoting women's rights and agency in matters of
maintenance, these initiatives seek to ensure that Islamic legal frameworks remain responsive to the
needs and aspirations of diverse communities in the modern era.
The principles underlying maintenance of a wife under Muslim law resonate with universal values of
compassion, fairness, and mutual support, transcending cultural and religious boundaries. By
engaging in cross-cultural dialogues and exchanges, stakeholders can foster greater understanding and
appreciation of the shared aspirations for justice, dignity, and well-being within diverse legal
traditions worldwide.
Through dialogue and collaboration, scholars, practitioners, and policymakers can explore innovative
approaches to addressing contemporary challenges and enhancing the effectiveness of maintenance
laws in promoting gender equality, social cohesion, and human rights within Muslim communities
and beyond.
maintenance of a wife under Muslim law represents a complex and multifaceted concept, shaped by
ethical imperatives, legal frameworks, socio-economic dynamics, and universal values. By upholding
the dignity and welfare of women within the marital relationship, maintenance serves as a testament
to the enduring relevance of Islamic principles in guiding personal conduct, fostering familial
harmony, and promoting social justice. Through continued dialogue, reform, and engagement,
stakeholders can work towards ensuring that maintenance laws under Muslim law reflect the highest
ideals of equity, compassion, and human dignity for all individuals, irrespective of gender, creed, or
culture.
 Objective
The objective of the project "Maintenance of Wife Under Muslim Law" is to conduct a
comprehensive study and analysis of the legal, social, and ethical dimensions surrounding the
maintenance rights of wives in Muslim-majority countries. The project aims to achieve the following
specific objectives:
Conduct a detailed examination of the legal framework governing maintenance obligations towards
wives under Islamic law, including Quranic injunctions, prophetic traditions, and interpretations by
different schools of jurisprudence (madhahib). Analyse the provisions of relevant legislation, case
law, and legal precedents to understand the rights and responsibilities of husbands and wives
concerning maintenance.
Explore the socio-economic dynamics and cultural factors influencing maintenance practices within
Muslim communities. Investigate the impact of economic disparities, gender roles, and cultural norms
on the implementation and enforcement of maintenance laws. Examine disparities in access to justice
and socio-economic resources among different segments of the population.
Evaluate the extent to which maintenance laws under Muslim law promote gender equality, women's
rights, and empowerment. Identify gaps, challenges, and barriers that hinder women's access to
maintenance and legal recourse. Assess the effectiveness of legal reforms and advocacy initiatives
aimed at enhancing women's rights and agency in matters of maintenance.
Conduct a comparative analysis of maintenance laws and practices across different Muslim-majority
countries, taking into account variations in legal traditions, cultural contexts, and socio-economic
conditions. Identify best practices, lessons learned, and areas for improvement in the implementation
of maintenance laws to promote gender justice and social welfare.
Foster dialogue, awareness, and community engagement on the importance of maintenance rights for
wives under Muslim law. Conduct outreach activities, workshops, and seminars to educate
stakeholders, including legal professionals, policymakers, religious leaders, civil society
organizations, and the general public, on the rights and responsibilities related to maintenance.
Develop evidence-based policy recommendations and advocacy strategies to strengthen the legal
framework and institutional mechanisms for ensuring the effective implementation of maintenance
laws under Muslim law. Advocate for reforms that promote gender-sensitive approaches, access to
justice, and socio-economic empowerment for women in matters of maintenance.
The capacity of relevant stakeholders, including legal practitioners, judges, and civil society
organizations, to enhance their understanding of maintenance laws and their application. Foster
collaboration and partnerships between government agencies, legal institutions, academia, and civil
society to address systemic challenges and promote gender-responsive approaches to maintenance.
By achieving these objectives, the project seeks to contribute to the promotion of gender equality,
social justice, and human rights within Muslim communities, fostering an environment where the
rights and dignity of wives are upheld and protected in accordance with Islamic principles and
universal values.
Research Issue
One key research issue within the project titled "Maintenance of Wife Under Muslim Law" is the
effectiveness of legal mechanisms and institutional frameworks in ensuring the implementation and
enforcement of maintenance rights for wives. Despite the existence of legal provisions and religious
injunctions mandating husbands to provide maintenance for their wives, numerous challenges persist
in practice, including issues related to access to justice, socio-economic disparities, and cultural
barriers. Therefore, the research issue focuses on understanding the factors that impede or facilitate
the realization of maintenance rights for wives under Muslim law and identifying strategies to address
these challenges.

Analysis:
One critical aspect of the research issue is assessing the accessibility of legal mechanisms for wives
seeking maintenance under Muslim law. This involves analysing factors such as geographical
proximity to legal institutions, affordability of legal services, awareness of legal rights, and cultural
barriers that may hinder women's access to justice. By examining the availability and effectiveness of
legal aid services, mediation programs, and alternative dispute resolution mechanisms, researchers
can assess the extent to which women are able to assert their maintenance rights and seek redressal for
grievances.
Another important consideration is the impact of socio-economic disparities on women's ability to
claim and receive maintenance from their husbands. Researchers can investigate the correlation
between factors such as education level, employment status, income inequality, and access to
resources with women's likelihood of asserting their maintenance rights. Additionally, analysing the
role of poverty, economic dependency, and financial constraints in perpetuating disparities in
maintenance outcomes can provide insights into strategies for addressing socio-economic barriers to
women's empowerment.
Cultural and religious norms often influence attitudes towards marriage, divorce, and gender roles
within Muslim communities, impacting women's experiences with maintenance rights. Researchers
can explore the intersection of cultural practices, religious interpretations, and legal norms concerning
maintenance, examining how societal expectations and gender stereotypes shape women's decisions to
seek maintenance and their experiences within the legal system. Understanding the dynamics of
patriarchal norms, family dynamics, and community perceptions can inform culturally sensitive
approaches to promoting women's rights and autonomy in matters of maintenance.
Assessing women's knowledge of their rights and legal options regarding maintenance is crucial for
understanding barriers to access to justice. Researchers can investigate the effectiveness of legal
literacy programs, community outreach initiatives, and advocacy campaigns in raising awareness
about maintenance rights among women and empowering them to assert their entitlements. By
analysing the impact of education, information dissemination, and grassroots mobilization efforts,
researchers can identify strategies for enhancing women's agency and advocacy for their maintenance
rights within their communities.
Finally, evaluating the capacity and responsiveness of legal institutions, including courts, legal aid
organizations, and government agencies, is essential for assessing the effectiveness of the legal system
in protecting women's maintenance rights. Researchers can examine factors such as case backlog,
delays in adjudication, judicial bias, and institutional barriers to women's access to justice.
Additionally, assessing the implementation of legal reforms, policy interventions, and institutional
mechanisms aimed at improving women's access to maintenance rights can provide insights into areas
for strengthening institutional capacity and responsiveness.
Overall, by analysing these dimensions of the research issue, researchers can gain a comprehensive
understanding of the challenges and opportunities in ensuring the effective implementation and
enforcement of maintenance rights for wives under Muslim law. This analysis can inform evidence-
based strategies and policy recommendations for promoting gender equality, access to justice, and
women's empowerment within Muslim communities.

Suggestions
Start the project by conducting a thorough review of the legal framework governing maintenance
obligations towards wives under Muslim law. This includes studying Quranic injunctions, prophetic
traditions, relevant legislation, case law, and jurisprudential interpretations across different schools of
thought (madhahib). Identify key provisions, principles, and legal precedents that shape maintenance
rights for wife
Undertake a socio-economic analysis to understand the contextual factors influencing maintenance
practices within Muslim communities. Collect data on factors such as income levels, educational
attainment, employment status, marital status, and access to resources among Muslim women.
Identify disparities, challenges, and barriers that affect women's access to maintenance rights and
socio-economic empowerment.
Engage with stakeholders, including legal professionals, religious leaders, policymakers, women's
rights advocates, civil society organizations, and community members, to gather diverse perspectives
and insights on maintenance issues. Organize focus group discussions, interviews, and participatory
workshops to facilitate dialogue, exchange of ideas, and collaboration towards addressing common
challenges and promoting women's rights.
Develop and implement awareness campaigns and legal literacy programs to educate women about
their maintenance rights under Muslim law. Produce informational materials, such as pamphlets,
brochures, and multimedia resources, in multiple languages and formats to reach diverse audiences.
Collaborate with local organizations, mosques, schools, and community centres to disseminate
information and empower women with knowledge about their legal entitlements.
Provide training and capacity-building programs for legal professionals, including judges, lawyers,
paralegals, and court staff, on the nuances of maintenance laws under Muslim law. Offer workshops,
seminars, and continuing education courses to enhance their understanding of Islamic legal principles,
gender-sensitive approaches, and best practices for adjudicating maintenance cases. Foster a culture of
sensitivity, empathy, and fairness in legal proceedings related to maintenance.
Advocate for policy reforms and legislative amendments to strengthen the legal framework for
maintenance of wives under Muslim law. Collaborate with policymakers, legislators, and government
agencies to draft and enact laws that promote gender equality, access to justice, and socio-economic
empowerment for women. Lobby for the implementation of existing laws and the establishment of
institutional mechanisms to enforce maintenance rights effectively.
Conduct empirical research and documentation to generate evidence-based insights into maintenance
issues within Muslim communities. Collect data on case studies, legal challenges, success stories, and
innovative practices related to maintenance rights. Publish research reports, policy briefs, and
academic articles to disseminate findings, inform public discourse, and influence policy decisions at
local, national, and international levels.
Foster collaborative partnerships and networking with academic institutions, research centres, non-
governmental organizations (NGOs), international agencies, and donor organizations working on
women's rights and legal empowerment. Share resources, expertise, and best practices to leverage
collective efforts towards advancing the cause of maintenance rights for wives under Muslim law.
By implementing these suggestions, the project can contribute to advancing women's rights,
promoting gender equality, and enhancing access to justice for Muslim women in matters of
maintenance. It can serve as a catalyst for positive change, empowering women to assert their rights,
claim their entitlements, and live with dignity and autonomy within their families and communities.