Khyber Law Society

    CONCEPT OF MAINTENANCE IN ISLAMIC LAW MAINTENANCE: Equivalent word of maintenance in Arabic is “Nafaqah” which means ,an amount spent by a person over his family. ➢ Generally maintenance includes: food , raiment and lodges. ➢ However, according to the case law ( 1992 MLD 219 Maqsood  Ahmad Sohail Vs Abida Hanif): “ Maintenance not only includes food, clothing  a nd residence but also other necessaries like education,  healthcare etc essential for mental and physical well being”. EXPLANATION: Under the Muslim Law, one is entitled to claim ‘nafaqah’ or ‘maintenance’ if he or she is a person’s: ➢ Wife ➢ Children ➢ Relatives such as parents, grandparents and others. 1):MAINTENANCE OF CHILDREN: Under Muslim law, it is the primary duty of the father to maintain his children. He is duty- bound to provide maintenance to : ➢ His son until he attains the age of puberty. ➢ His daughter until she gets married. ( Incase of disab...

  DISSOLUTION OF MUSLIM MARRIAGE: Dissolution of marriage is the legal process that terminates a marriage. Broadly speaking, a Muslim marriage can be dissolved by: 1) Act Of God, 2) Act Of Parties. 1):ACT OF GOD ( Death of Husband or Wife)>> with the death of husband or wife, a Muslim marriage dissolves automatically . 2):ACT OF PARTIES (Divorce)>> It is further divided into: a): Extra- Judicial Divorce, b): Judicial Divorce. Now we will discuss them one by one. ………………………………………………………………………………… a):Extra-Judicial Divorce : Divorce which takes place outside the court is called extra- judicial divorce. Non judicial divorce can take place by three ways – I) By Husband in the form of Ila, zihar and Talaq (sunnah & biddah). II) By wife in the form of delegated divorce (Talaq-e-Tafweez) and Khayar-Al-Baloogh (option of puberty) III) By the mutual consent of husband and wife in the form of Khula and mubarat. I):DISSOLUTION OF MARRIAGE...