A comparative Study on Maintenance in Muslim Law and others Law
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
|
|
Comments
Post a Comment