Law Firm in Pakistan
Law Firm in Pakistan

Maintenance of Wife

In Pakistan, under Islamic law and the Muslim Family Laws Ordinance, 1961, the Maintenance of Wife in Islam is both a legal and religious duty. A husband must support his wife during the marriage and, in some cases, even after divorce. This support helps protect the wife’s dignity, safety, and well-being.

Maintenance of Wife in Islam, Law Firm in Pakistan, family lawyer
Maintenance of Wife

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In Islam, the Maintenance of Wife is not only a moral obligation but a religious duty upon the husband. In addition this concept, known as “Nafaqah”, refers to the husband’s responsibility to provide for his wife’s basic needs, including food, clothing, housing, and medical care. From the moment the marriage contract is signed, the wife is entitled to full support, regardless of her own income or financial status.

What Does Maintenance of Wife in Islam Mean?

Essentially, Maintenance of Wife in Islam means ensuring her well-being and security throughout the marriage. This includes:

  • Adequate shelter and a safe living environment

  • Clothing suitable to the weather and cultural norms

  • Daily meals and nutritional needs

  • Medical expenses and personal care

Moreover, this support must be provided in a manner consistent with the husband’s financial ability, as outlined in the Qur’an and Hadith.

In addition, if the wife is pregnant or nursing, her needs are given even more importance. Not only is this maintenance seen as an act of kindness, but it is also considered a legal and spiritual requirement.

Rights of Wife After Divorce in Pakistan

When a marriage ends, the wife’s rights do not end with the divorce decree. In Pakistan, Islamic principles are embedded in the legal system, especially regarding the rights of divorced women.

First and foremost, the woman is entitled to maintenance during her ‘iddah  the waiting period after divorce, usually lasting around three months. During this time, the ex-husband is required to continue supporting her financially.

Furthermore, if children are involved, the mother may also receive child support to help care for them. While custody often remains with the mother, the financial obligation stays with the father.

In addition to this, Pakistani law ensures the payment of:

To sum up, the Maintenance of Wife in Islam is a foundational element of marital life, emphasizing the husband’s duty to protect and provide. Even after separation, Islamic and Pakistani laws continue to safeguard the woman’s rights with fairness and dignity. Therefore, understanding and upholding these principles is vital for both harmony in marriage and justice after divorce.

Legal Rights and Court Procedure in Pakistan:

In Pakistan, the Maintenance of Wife in Islam is both a legal and religious right. According to Islamic law and the Muslim Family Laws Ordinance, 1961, a husband must support his wife financially. This duty continues during marriage and, in some cases, even after divorce. As a result, this support helps protect the wife’s dignity, well-being, and standard of living.

Legal Framework for Maintenance:

Under Pakistani family law, including the Code of Civil Procedure, a wife can claim maintenance through the courts. A husband is responsible for providing his wife with:

  • Food
  • Clothing
  • Shelter
  • Medical care
  • Other basic needs

This duty is based on the Quranic principle that men are the financial providers for women.

Key Aspects of Maintenance of Wife in Islam

1. Maintenance During Marriage

First of all, while the marriage lasts, the husband must take care of all the wife’s needs. This includes her daily expenses like food, clothing, and housing. Even if the wife earns her own income, she still has the right to receive maintenance.

2. Amount of Maintenance of Wife in Islam

Secondly, the amount depends on the husband’s income, the wife’s needs, and their lifestyle. The court ensures the amount is fair and reasonable.

3. Maintenance After Divorce (Iddat Period)

Next, even after divorce, a wife is entitled to maintenance during the iddat period. This is usually about three menstrual cycles or three months. The husband must provide for her during this time.

4. Post-Iddat Maintenance

Furthermore, if the wife cannot support herself after iddat due to illness, disability, or other valid reasons the court may order ongoing support.

Maintenance for Children

If the wife has custody of the children, she may also claim child maintenance. This includes costs for education, food, health, and general upbringing. The father remains responsible for these expenses.

Right to Maintenance During Separation

Even if the couple is separated but not divorced, the wife still has the right to maintenance. Separation does not cancel the husband’s duty of support.

How to Claim Maintenance from Court

If a wife is not receiving maintenance, she can file a petition in the Family Court. Here’s how the process works:

  1. Submit an application stating the need for maintenance

  2. Provide evidence of marriage, the husband’s income, and living conditions

  3. The court reviews the case and may order temporary or permanent maintenance

  4. If the husband disobeys, the court may enforce payment, seize assets, or even issue an arrest warrant

Modifying Maintenance Orders

Sometimes, situations change. If the husband’s income increases or the wife’s needs grow, she can request a higher amount. On the other hand, if the wife becomes financially independent, the husband can ask for a reduction.

Why Maintenance Matters

1. Legal and Moral Duty

The Maintenance of Wife in Islam is both a legal right and a moral duty. It ensures women live with dignity and without hardship.

2. Financial Protection

Maintenance empowers women, giving them basic security even after separation or divorce.

3. Upholding Women’s Rights

These legal protections prevent exploitation and help women lead stable, independent lives.

Family Laws That Apply

Here are the key laws that support women’s rights in family matters:

 

Why Choose Us?

Expert Legal Advice: Our lawyers focus on family law and women’s rights.
Complete Legal Help: We assist you from filing the case to enforcing court orders.
Custom Solutions: Every case is handled based on your unique needs.
Compassionate Support: We understand your situation and guide you with care.

We are here to help your right to claim Maintenance of Wife in Islam and live with dignity.
Let us support you through the legal process and ensure you get the justice you deserve.

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