REVISITING WIFE’S FINANCIAL RIGHTS UNDER MUSLIM FAMILY LAW IN MALAYSIA AND PAKISTAN: AN OVERVIEW

Abstract

Family is the foundation of human society that shapes individual identity and promotes social cohesion. In Muslim societies, family law is based on Sharīʿah principles from the Qur’an, Sunnah, and classical fiqh, which regulate matrimonial rights and obligations. This article briefly appraises wife’s financial rights under Muslim family law in Malaysia and Pakistan as each applies Islamic jurisprudence through distinct legal systems. This research examines how these differing approaches influence the development and protection of wife’s financial rights amid contemporary reforms. It scrutinizes persistent tensions between traditional Islamic jurisprudence and evolving statutory laws governing wife’s rights in marital relationship particularly right to dower, maintenance and matrimonial property. This study employs a qualitative comparative legal approach, utilizing primary sources such as Qur’anic texts, prophetic traditions, statutes, and judicial decisions, alongside secondary academic literature. It emphasizes dower, maintenance and matrimonial property as connected financial rights and proposes reforms rooted in both Islamic and statutory law. The article concludes with recommendations to improve post-divorce maintenance, asset distribution, and judicial consistency, aiming to create more gender-equitable and Sharīʿah-compliant family law frameworks in Muslim jurisdictions particularly in Malaysia and Pakistan where relevant and necessary.