Harmony and Disparities: A Comparative Analysis of Wife's Maintenance Laws in Pakistan and Malaysia
Muhammad Saqlain Haider
Fauziah Mohd Noor
Ain Husna Mohd Arshad
This study critically evaluates the limitations of Pakistan's legal framework concerning spousal maintenance, mainly focusing on the inadequate protection provided to wives. The research delves into Pakistani Islamic Family Law, comparing its approach to wife’s maintenance with that of Malaysian Islamic Family Law. Employing qualitative, descriptive, and analytical methods, the study synthesizes insights from library resources and semi-structured interviews in Pakistan. This research adopted face-toface interviews in which twenty respondents were chosen. Among them, four judges, four lawyers, and two Islamic scholars from Pakistan, selected based on their expertise. Additionally, ten aggrieved women were involved in maintenance problems in Pakistan. Findings highlight deficiencies in areas like post-divorce maintenance and others. The paper advocates for necessary amendments to align Pakistan's maintenance laws with Malaysia's, offering valuable recommendations. Based on the stud's findings and the recommendations put forth in this study, it is hoped that women in Pakistan will have better protection of their rights to maintenance under the MFLO of 1961. Future research should explore family courts' function in addressing wives' maintenance rights. This study would contribute to examining global best practices in spousal laws, including legal frameworks within Islamic nations. This research is pertinent to scholars and researchers in social science and law.
Keywords:Wife's Maintenance Laws, Malaysia, Pakistan, MFLO 1961, IFLA 1984
