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WOMEN'S RIGHT TO MAINTENANCE IN ISLAM: CONTEMPORARY ISSUES AND CHALLENGES

Domaine:

socioeconomic

Type de record:

paper
Créateur:
RuwDau
Éditeur:
Zenodo
Hôte:avatar
This article examines contemporary issues and legal challenges affecting women's right to maintenance under Islamic law, with particular emphasis on the Nigerian legal context. It examines the tension between Islamic legal principles and customary practices and considers how Nigeria's plural legal system affects the recognition and enforcement of women's maintenance rights. The article further considers the position of women who engage in paid employment and the extent to which a wife's employment or independent income affects her entitlement to maintenance under Islamic law. It also examines the legal consequences of a husband's failure to provide maintenance and the remedies available to women, including claims for arrears and judicial remedies for persistent non-maintenance. In addition, the article analyses the practical challenges affecting the enforcement of maintenance rights, including evidentiary difficulties, poverty, informal employment, limited institutional mechanisms, cultural pressures, and inadequate legal awareness. The experiences of Morocco, Tunisia, Egypt, and Malaysia are examined comparatively to illustrate different approaches to the protection and enforcement of women's financial rights within contemporary Muslim family law systems. The article observes that although Islamic law recognises maintenance as a legal obligation and provides mechanisms for protecting the financial welfare of women and children, the effective enjoyment of these rights in Nigeria continues to be hindered by legal pluralism, socio-economic conditions, evidentiary constraints, cultural influences, and institutional weaknesses. The article therefore recommends improved enforcement mechanisms, greater legal awareness, better institutional coordination, and judicial and administrative measures capable of ensuring that the recognition of women's maintenance rights under Islamic law is translated into effective practical protection.

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doi.org

Licenses

Creative Commons Attribution 4.0 Internationalhttps://creativecommons.org/licenses/by/4.0/legalcode

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