n Law, Democracy & Development - An exploration of mata'a maintenance in anticipation of the recognition of Muslim marriages in South Africa : (re-)opening a veritable Pandora's box?
|Article Title||An exploration of mata'a maintenance in anticipation of the recognition of Muslim marriages in South Africa : (re-)opening a veritable Pandora's box?|
|© Publisher:||University of the Western Cape|
|Journal||Law, Democracy & Development|
|Author||Najma Moosa and Shaheena Karbanee|
|Publication Date||Jan 2004|
|Pages||267 - 288|
|Keyword(s)||University of the Western Cape|
In Muslim personal law, the husband on pronouncing a divorce has a number of legal obligations towards his wife, including maintenance and payment of outstanding dower. While there is no dispute among Muslim scholars and jurists that a wife's right to maintenance (nafaqa) arises upon marriage as a natural consequence of it, there is no unanimity as to whether this right is extendable after the marriage ends. The position may also vary depending on the circumstances leading to the dissolution and the financial situation of the spouses.
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