Rights of Parents to Maintenance under Sharī‘ah Law: A Call for Legislation in Pakistan

Abstract

Islam demands children to provide the maintenance and sustenance to the parents in their old age as insisted by the Qur’ān and Sunnah. It is a legal and filial duty of their children under family laws in Islam. There are certain enactments passed by the Federal and Provincial Assemblies in favor of senior citizens of the State. However, there is no specific legislation to protect rights of maintenance and care to Muslim parents by the children. Therefore, Pakistan still needs to address specific legislation to fill the lacuna between the social security and welfare clauses under state welfare institutions as well as the legal obligation of the children under Islamic law for the betterment of elderly people. The work presents the rights of parents to maintenance under Shariah law and the proposal for legislation in Pakistan through analysis of parents’ maintenance laws made by certain Islamic states. Further, the law will allow the aggrieved parent to file a case against their children if they decline to support him/her. Research aims to include the extent of the legal duty of children and a right of parents as prescribed by different schools of thoughts under Islamic Law and, analysis of legislations of certain Islamic States in this perspective. This will assist in the advancement of a future prospect to Islamize the law in the field of Muslim Family Law. In this regard, qualitative research method will be applied, as is a best-suited method for making analysis of Islamic rulings and legislations of Islamic states.