MAINTENANCE RIGHTS OF ELDERLY PARENTS AND NEEDY RELATIVES: A COMPARATIVE STUDY OF ISLAMIC, PAKISTANI AND INDIAN LAW

Abstract

It has been imposed as a filial duty upon individuals to provide sustenance and maintenance to their elderly parents and indigent relatives in Islamic law. The issue of non-provision of maintenance and care to elderly parents and needy relatives due to the lack of specific legislation in Pakistan is the main reason for the violation of their religious right to be maintained, cared and well-treated. This is ultimately producing an alarming ratio of every day admissions of elderly parents and relatives in old age homes in cases where they have been deprived or refused provision of maintenance by their liable kin. This time and again compels the state legislature to enact holistic legislation comprehensively addressing this legal issue and obliging the liable kin to adequately maintain their old parents and needy relatives according to their economic condition. This issue cannot be properly comprehended without comparative study in the light of Islamic Law and persuasive legislation in this regard i.e. “Maintenance and Welfare of Parents and Senior Citizens Act, 2007” of India which signifies and protects the necessary fulfillment of maintenance rights of aged parents and needy kin. This may facilitate the Parliament for making exhaustive legislative frameworks in Pakistan to curb the menace of non-maintenance of elderly parents and needy kin by imposing sanctions upon violating individuals. This article can be a source of tremendous guidance for students and even a layman and assists lawmakers in Pakistan in enacting a law in this field soon.

Keywords: Maintenance, rights of Parents, Islamic law, Necessity, legislative frameworks.