Abstract:
In the event of the dissolution of marriage, the maintenance of a Muslim divorced woman
by the husband is a contentious issue in Sri Lanka and other countries1. Although Muslim
Law in most countries, including Sri Lanka, recognizes that a divorced wife should be
maintained by her husband till the end of idda (waiting) period or if such a woman is
pregnant, until she delivers the baby, and till the end of the nursing period of the offspring,
this obligation does not extend beyond this stage. Thus, a divorced Muslim woman is
worse off than her non Muslim counterpart who is entitled to alimony.2 This issue should
be considered carefully in the context of Muslim marriage, because a Muslim wife is
under an obligation of obedience to the husband, which makes most wives dependants on
their husbands.3 Not only that, this position also leaves divorced Muslim women in a
vulnerable position in the community and challenges the sustainability of Sri Lankan
Society.
