PROTECTION OF WIFE’S RIGHT TO MAINTENANCE IN ISLAMIC LAW AND ITS IMPLEMENTATION IN THE MALAYSIAN ISLAMIC FAMILY LAW

Islamic law guarantees the protection of married women’s right to maintenance upon their husbands. The significant role of maintenance in the continuity of the marriage union in Islamic law cannot be overemphasised. The Malaysian statutory law in this context is indeed a model. The Constitution’s mandatory prescription for the application of Islamic family law on Muslims is an awesome feature. The Islamic Family Law Act is a replica of the classical texts for easy application. This paper presents the legal framework on maintenance law in Muslim marriages and the legal implication of its violation. Emphasis is laid on the classical texts of Shari’ah from the Qur’an, Sunnah and juristic opinions. Statutory and judicial authorities from the Malaysian legal system are referred to, where applicable. It is observed that the preponderant view among the four Sunni Schools is that of the majority, and interestingly, is the applicable ruling in the Malaysian family law.