Husband's duty to maintain a working wife under Islamic and civil law in Malaysia: are the laws in harmony?

Mohd, Azizah and Ibrahim, Badruddin and Abdul Malek, Normi (2011) Husband's duty to maintain a working wife under Islamic and civil law in Malaysia: are the laws in harmony? International Journal of Social Policy and Society, 8. pp. 50-67. ISSN 1823-0865

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Abstract

Relationship between husband and wife creates certain rights and obligations that both of them are to enjoy and fulfill. Maintenance is one of the rights of the wife and one of the obligations of the husband. There is no dispute among the fuqaha as to the husband's duty to provide maintenance to his wife. This paper seeks to examine the provisions of Islamic law in Malaysia on husband's duty to maintain a working wife. The examination extends to the provision of Civil law in Malaysia, particularly the Married Woman and Children (Maintenance) Act (1950) and the Law Reform (Marriage and Divorce) Act 1976. Discussion will highlight the issue as to whether the two laws are in harmony when providing for such a duty to maintain on the husband. In addition, the paper will further highlight the husband's duty to maintain the wife in the situation where the wife is disobedient or nusyuz. The research reveals that the provisions of Islamic and Civil law in Malaysia on husband's duty to maintain a working wife, to a certain extent, are in harmony.

Item Type:	Article (Journal)
Additional Information:	1931/9857
Uncontrolled Keywords:	rights of wife, husband's duty, Islamic law, civil law, Malaysia
Subjects:	K Law > K Law (General) K Law > KBP Islamic Law K Law > KPG Malaysia
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Islamic Law
Depositing User:	Dr Azizah Mohd
Date Deposited:	13 Dec 2011 16:37
Last Modified:	13 Dec 2011 20:54
URI:	http://irep.iium.edu.my/id/eprint/9857

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