تاریخ: 12 جنوری، 30 پوہ، 22 رَجَب

A holistic reading of contemporary Islamic jurisprudence, statutory enactments, constitutional protections, and judicial precedents affirm that a wife’s right to maintenance is neither contingent upon consummation or rukhsati, nor subject to the discretion of the husband. It flow unconditionally from the solemnization of a valid marriage and constitutes a binding legal duty.In essence, the only legitimate ground for suspending this obligation arises where the husband discharges a high burden of proof to establish that the wife has wholly and without justification withdrawn from the marital relationship understood not merely as physical access but encompassing the full spectrum of emotional, residential, and relational life. Absent such proof, the obligation to provide maintenance persists.This understanding not only gives effect to the egalitarian spirit of Islamic law but also reinforces the constitutional commitment to dignity (Article 14), equality (Article 25), and protection of the family unit (Article 35). In a patriarchal society, where economic dependence often fuels systemic injustice, the right to maintenance must be safeguarded as an essential constitutional, legal, and ethical entitlement. Any attempt to curtail it must therefore be subjected to the strictest constitutional and jurisprudential scrutiny. ( CPLA 1107-L/2015 )

Categories: Family