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Then the Congress government enacted a law with its most controversial aspect being the right to maintenance for the period of iddat after the divorce, and shifting the onus of maintaining her to her relatives or the Waqf Board. It was seen as discriminatory as it denied right to basic maintenance available to Muslim women under secular law. [2]
Divorced women are entitled to maintenance from their former husband not only for the iddat period but also to reasonable and fair provisions for future maintenance. S.3 of the Muslim Women (Protection of Rights on Divorce) Act has to be given under the liberal interpretation to help divorced women. K. Zunaideen v. Ameena Begum (1998) 1 ctc 566 ...
The applicant approached the High Court of South Africa for an order declaring that she – and other surviving partners of polygynous Muslim marriages – were entitled to the protections granted to surviving spouses under the Intestate Succession Act and Maintenance of Surviving Spouses Act. Alternatively, if and insofar as the Acts could not ...
Private matters of Muslims are governed by Muslim Law, including marriage, divorce custody and maintenance. Muslim law principles have been codified in the Act No. 13 of 1951 Marriage and Divorce (Muslim) Act; Act No. 10 of 1931 Muslim Intestate Succession Ordinance and Act No. 51 of 1956 Muslim Mosques and Charitable Trusts or Wakfs Act. [194]
In addition, she has a right to child support and any past due maintenance, which Islamic law requires to be paid regularly in the course of marriage. [ 12 ] Giving the husband a prerogative of repudiation was based on the assumption that men would have no interest in initiating a divorce without good cause, given the financial obligations it ...
Editor’s Note: Khaled A. Beydoun is a law professor at the Arizona State University Sandra Day O’Connor College of Law. He is the author of many books, including “American Islamophobia ...
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In Islamic law (sharia), marriage (nikāḥ نکاح) is a legal and social contract between two individuals. [1] Marriage is an act of Islam [2] and is strongly recommended. [1] [3] Polygyny is permitted in Islam under some conditions, but polyandry is forbidden. [4]