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

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 t...

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Main Authors: Mohd, Azizah, Ibrahim, Badruddin, Abdul Malek, Normi
Format: Article
Language:English
Published: Institut Sosial Malaysia & Faculty of Human Ecology, UPM 2011
Subjects:
Online Access:http://irep.iium.edu.my/9857/1/2011_-_Husband%27s_duty_to_maintain_a_working_wife_under_Islamic_and_Civil_law_in_Malaysia-_are_the_laws_in_harmony.pdf
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author Mohd, Azizah
Ibrahim, Badruddin
Abdul Malek, Normi
author_facet Mohd, Azizah
Ibrahim, Badruddin
Abdul Malek, Normi
author_sort Mohd, Azizah
collection IIUM
description 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.
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spelling oai:generic.eprints.org:98572011-12-13T12:54:05Z http://irep.iium.edu.my/9857/ Husband's duty to maintain a working wife under Islamic and civil law in Malaysia: are the laws in harmony? Mohd, Azizah Ibrahim, Badruddin Abdul Malek, Normi K Law (General) KBP Islamic Law KPG Malaysia 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. Institut Sosial Malaysia & Faculty of Human Ecology, UPM 2011 Article PeerReviewed application/pdf en http://irep.iium.edu.my/9857/1/2011_-_Husband%27s_duty_to_maintain_a_working_wife_under_Islamic_and_Civil_law_in_Malaysia-_are_the_laws_in_harmony.pdf 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
spellingShingle K Law (General)
KBP Islamic Law
KPG Malaysia
Mohd, Azizah
Ibrahim, Badruddin
Abdul Malek, Normi
Husband's duty to maintain a working wife under Islamic and civil law in Malaysia: are the laws in harmony?
title Husband's duty to maintain a working wife under Islamic and civil law in Malaysia: are the laws in harmony?
title_full Husband's duty to maintain a working wife under Islamic and civil law in Malaysia: are the laws in harmony?
title_fullStr Husband's duty to maintain a working wife under Islamic and civil law in Malaysia: are the laws in harmony?
title_full_unstemmed Husband's duty to maintain a working wife under Islamic and civil law in Malaysia: are the laws in harmony?
title_short Husband's duty to maintain a working wife under Islamic and civil law in Malaysia: are the laws in harmony?
title_sort husband s duty to maintain a working wife under islamic and civil law in malaysia are the laws in harmony
topic K Law (General)
KBP Islamic Law
KPG Malaysia
url http://irep.iium.edu.my/9857/1/2011_-_Husband%27s_duty_to_maintain_a_working_wife_under_Islamic_and_Civil_law_in_Malaysia-_are_the_laws_in_harmony.pdf
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