{"title":"Post-Divorce Maintenance Rights for Muslim Women in Pakistan and Iran: Making the Case for Law Reform","authors":"A. Shahid","doi":"10.1515/MWJHR-2018-0004","DOIUrl":null,"url":null,"abstract":"Abstract Protecting women and children is one of the core values of the Islamic legal tradition. In Muslim countries religious, constitutional, and legal frameworks obligate the state to take special measures to provide protection to women and children within families and in society. However, despite such provisions, post-divorce maintenance rights are not granted to women in Pakistan and Iran. Family law enacted in Pakistan and Iran still differs in form and substance from what has been mentioned in the primary sources of Islamic law and from the previous articulations of early Islamic law scholars. Moreover, patriarchal notions of male authority are still sustained through law and judicial interpretations when it comes to the question of giving post-divorce maintenance to women. As a result in the absence of a welfare system divorced women are left in a vulnerable situation. Although in Iran, some financial compensation under the concept of Ujrat ul Misl (compensation for household chores) is given to divorced women, but it remains unclear whether the right to Mata’at-ul-Talaq (post-divorce maintenance) has been recognised under the family law. In Pakistan the law does not include any provision for giving women Ujrat ul Misl and Mata’at- ul -Talaq. Moreover in the absence of a welfare system, divorced Muslim women in both countries are left in a vulnerable situation. This article engages with plural normative sources and contemporary notions of human rights to make the case for family law reform and for awarding post-divorce maintenance rights to Muslim women in Pakistan and Iran.","PeriodicalId":35445,"journal":{"name":"Muslim World Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2018-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/MWJHR-2018-0004","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Muslim World Journal of Human Rights","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1515/MWJHR-2018-0004","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 0
Abstract
Abstract Protecting women and children is one of the core values of the Islamic legal tradition. In Muslim countries religious, constitutional, and legal frameworks obligate the state to take special measures to provide protection to women and children within families and in society. However, despite such provisions, post-divorce maintenance rights are not granted to women in Pakistan and Iran. Family law enacted in Pakistan and Iran still differs in form and substance from what has been mentioned in the primary sources of Islamic law and from the previous articulations of early Islamic law scholars. Moreover, patriarchal notions of male authority are still sustained through law and judicial interpretations when it comes to the question of giving post-divorce maintenance to women. As a result in the absence of a welfare system divorced women are left in a vulnerable situation. Although in Iran, some financial compensation under the concept of Ujrat ul Misl (compensation for household chores) is given to divorced women, but it remains unclear whether the right to Mata’at-ul-Talaq (post-divorce maintenance) has been recognised under the family law. In Pakistan the law does not include any provision for giving women Ujrat ul Misl and Mata’at- ul -Talaq. Moreover in the absence of a welfare system, divorced Muslim women in both countries are left in a vulnerable situation. This article engages with plural normative sources and contemporary notions of human rights to make the case for family law reform and for awarding post-divorce maintenance rights to Muslim women in Pakistan and Iran.
摘要保护妇女和儿童是伊斯兰法律传统的核心价值观之一。在穆斯林国家,宗教、宪法和法律框架规定国家有义务采取特别措施,在家庭和社会中为妇女和儿童提供保护。然而,尽管有这些规定,巴基斯坦和伊朗的妇女并没有获得离婚后的赡养权。巴基斯坦和伊朗颁布的家庭法在形式和实质上仍然与伊斯兰法律的主要来源中提到的以及早期伊斯兰法律学者以前的阐述不同。此外,在向妇女提供离婚后赡养费的问题上,父权制的男性权威观念仍然通过法律和司法解释得以维持。由于缺乏福利制度,离婚妇女处于弱势地位。尽管在伊朗,根据Ujrat ul Misl(家务补偿)的概念,离婚妇女得到了一些经济补偿,但尚不清楚家庭法是否承认了离婚后赡养权。在巴基斯坦,法律不包括任何给予妇女乌吉拉特·乌尔·米斯尔和玛塔·阿塔·塔拉克的规定。此外,在缺乏福利制度的情况下,这两个国家的离婚穆斯林妇女都处于弱势。本文涉及多种规范来源和当代人权观念,为巴基斯坦和伊朗的家庭法改革和赋予穆斯林妇女离婚后的赡养权提供了理由。
期刊介绍:
Muslim World Journal of Human Rights promises to serve as a forum in which barriers are bridged (or at least, addressed), and human rights are finally discussed with an eye on the Muslim world, in an open and creative manner. The choice to name the journal, Muslim World Journal of Human Rights reflects a desire to examine human rights issues related not only to Islam and Islamic law, but equally those human rights issues found in Muslim societies that stem from various other sources such as socio-economic and political factors, as well the interaction and intersections of the two areas. MWJHR welcomes submissions that apply the traditional human right framework in their analysis as well as those that transcend the boundaries of contemporary scholarship in this regard. Further, the journal also welcomes inter-disciplinary and/or comparative approaches to the study of human rights in the Muslim world in an effort to encourage the emergence of new methodologies in the field. Muslim World Journal of Human Rights recognizes that several highly contested debates in the field of human rights have been reflected in the Muslim world but have frequently taken on their own particular manifestation in accordance with the varying contexts of contemporary Muslim societies.