A Research-Based Study of the Issues Concerning the Right to Maintenance and Accommodation of Widows and Divorced Women in the Light of Shariah

اسلامی شریعت کے تناظر میں بیوہ اور مطلقہ کے حقِ نان نفقہ و سُکنیٰ کے مسائل کا تحقیقی مطالعہ

Abstract

Islamic Shariah emphasizes the fulfilment of rights and duties as both a religious and social responsibility, as the fulfilment of one’s duties is closely connected with the rights of others. Failure to discharge these obligations may result in injustice and social imbalance. Among the rights addressed by Islamic jurisprudence are the rights of widows and divorced women to maintenance (nafaqah) and accommodation (suknā), which require careful consideration in light of the specific circumstances and legal status of each category. This study examines the issues relating to the rights of widows and divorced women to maintenance and accommodation from the perspective of Islamic Shariah. It analyzes the relevant Sharīʿah rulings and their implications for the protection of the rights of these women, particularly in situations where they may face social and economic vulnerability. The study finds that neglecting the rights of disadvantaged and marginalized members of society, particularly widows and divorced women, can contribute to family disputes, social tension, insecurity, and psychological distress. The study highlights the significance of fulfilling these rights within the framework of Islamic legal injunctions and emphasizes the role of individuals, families, and relevant institutions in ensuring that widows and divorced women receive their due rights. The findings may provide useful guidance for researchers, legislators, policymakers, and society in addressing issues of maintenance and accommodation in accordance with the principles of Islamic Shariah.