Mat'a (Post-Divorce Maintenance) and Women's Rights in Islamic Law: Implementation and Application in Pakistan

Abstract

The concept of Mat'a (post-divorce maintenance) in Islamic law establishes crucial financial protections for divorced women, yet its implementation in Pakistan remains severely limited. This study examines the complex interplay between religious doctrine, legal frameworks, and social realities shaping Mat'a implementation through a mixed-methods approach combining doctrinal analysis, comparative legal research, and socio-legal investigation. Drawing on primary Islamic sources, contemporary legislation, and judicial precedents from Pakistan and other Muslim-majority jurisdictions, the research reveals significant gaps between Qur'anic principles of justice and their practical application. Analysis of Pakistan's legal framework demonstrates how the silence of the Muslim Family Laws Ordinance 1961 regarding post-divorce maintenance, combined with conservative judicial interpretations and sociocultural barriers, creates substantial protection deficits for divorced women. Comparative analysis of successful reform models from Egypt, Iran, and Malaysia provides insights for potential legislative and institutional reforms. The study proposes a comprehensive framework for integrating Mat'a into Pakistan's legal system while addressing practical implementation challenges. These findings contribute to both theoretical understanding of Islamic family law and practical policy development, offering actionable recommendations for aligning Pakistan's legal framework with both religious principles and contemporary human rights standards.