A comparative Study on Maintenance in Muslim Law and others Law

Preface

Bangladesh seceded from Pakistan in December of 1971. Following independence, the British-era legislation that had continued to be applied in Pakistan, as well as the post-1947 legislation enacted by Pakistan, remained the basis of Bangladeshi personal status laws. Pearl and Menski state that legal developments in Bangladesh and Pakistan since 1972 have been quite distinct. The prospect of a Uniform Family Code has been a subject attracting much lobbying by women’s groups in Bangladesh, but there is no equivalent to India’s constitutional directive regarding a Uniform Civil Code.

This shows the necessity of women for peaceful dwelling of human kind and recognizes women as equal partner of men. The Quran urges husband to treat their wives with kindness.

Almighty Allah says: “Live with them on a footing of kindness and equity. If you take a dislike to them it may be that you dislike a thing, and Allah brings about through it a great deal of good.” (An-Nisa’: 21)

Muslim Law are human rights and must not be jeopardized or destroyed for the sake of any so-called religious orthodoxy or in the name of secularism. We are observing with deep concern that in the name of emancipation of women Western world is practically degrading the dignity and status of women and taking away their inherent rights. At the same time we see a conspiracy and propaganda against Islam that Muslim Law are derogated by a particular Quranic verse. The simplest definition of right is an interest recognized and protected by a rule of right. How Islam has protected Muslim Women’s interests would be discussed briefly and how the verse of Holy Quran is being misinterpreted by a vested interested quarter will also be dealt with. Establishment of a society where men and women can play their respective roles and perform the obligations, which ought to be performed by them in order to maintain peace and harmony in the society, is very important. A respectful position should be ensured for women in the society where their rights should be equally respectful to the rights of men. Women and men should not be seen as two opposite groups whose interests and rights are conflicting with each other. Rather their rights and interests should be corollary to each other and both of men and women should be seen as substitute and associates to each other for the development of humankind.

Literal explanation of any isolated Quranic verse cannot fully comprehend all the heights and lengths of Muslim Women’s dignity given by the Almighty Allah. Allah says: “And among His Signs is this, that He created for you mates from among yourselves, that you may dwell in tranquility with them, and He has put love verily in that are Signs for those who reflects.” This shows the necessity of women for peaceful dwelling of human kind and recognizes women as equal partner of men. The Quran urges husband to treat their wives with kindness. “Live with them on a footing of kindness and equity. If you take a dislike to them it may be that you dislike a thing, and Allah brings about through it a great deal of good.” (An-Nisa’: 21

Abbreviations

Ex Comm	Executive Committee of the United Nations High Commissioner for   Refugees
GA Resolution	General Assembly Resolution
ICCPR	International Covenant on Civil and Political Rights
ICESR	International Covenant on Economic, Social and Cultural Rights
IRO	International Refugee Organization
RSD	Refugee Status Determination
OAU Convention	Prima Facie Refugee Status Determination
UDHR	Universal Declaration of Human Rights
UNHCR	Convention and the 1967 Protocol relating to the Status of Refugees
CEDAW	Convention on the Elimination of all Forms of Discrimination against women.
WHO	World Heath Organization

                                

TABLE OF CONTENTS

CHAPTER ONE:
INTRODUCTION
1.1    Introduction	01
1.2 Research Questions	02
1.3 Objective of the Study	02
1.4 Methodology of the study	02
1.5 Justification	04
1.6 Limitation of the Study	04
CHAPTER TWO: BASIC CONCEPT OF MUSLIM LAW
2.1 Definition of Muslim Law	05
2.2 Definition of Maintenance	05
2.3 Meanings of Maintenance of Muslim Law	07
2.4 Maintenance of Wife:	07
2.5 Maintenance of Children	12
2.6 Maintenance of the parents and grandparents	14
2.7 Maintenance of relatives	15
CHAPTER THREE: JURISDICTIONS
3.1 Jurisdiction	17
3.2 Political issue	17
3.3 International and municipal jurisdiction	18
3.4 International and municipal law	19
3.5 International jurisdiction	21
3.6 Supranational	21
3.7 National	22
3.8 United States	22
3.9 Franchise jurisdiction	26
CHAPTER FOUR:
THE MUSLIM MAINTAINANCE LAW OF BANGLADESH
4.1 Participation of Muslim law in national Life:	27
.2 Social security to widows:	27
4.3 Equal opportunity for all citizens	28
4.4 Free and compulsory Education:	28
4.5 Public health and morality:	28
4.6 Equality before law:	30
4.7 Equality of opportunity in public employment	30
CHAPTER FIVE:
Maintenance of Wife under Hindu and Muslim Law: Comparative Study
5.1 Introduction	32
5.2 Types of Maintenance		33
5.3 MAINTENANCE UNDER HINDU LAW		34
5.4 Maintenance of Wife under Section 18, the Hindu Adoptions and Maintenance Act, 1956		36
5.5 Maintenance of wife under the Section 125 of CrPC:		36
5.6 Award of maintenance to wife under Section 23(2):		37
5.7 Maintenance under Muslim Law		38
5.8 Maintenance under Muslim Law in comparison with Hindu law		42
CHAPTER SIX:
CONCLUSION		44
BIBLIOGRAPHY		46