Abstract
Since the birth of Pakistan there has been a consistent demand for protection and strengthening of legal provisions for Muslim women‟s rights within family. At international level UN Charter, Convention for the Elimination of all forms of Discrimination against Women (CEDAW), Vienna World Congress Declaration are highlighted as documents and efforts for the realization of rights of women in particular and human rights in general. Completely overlooking the fact that it was Quran and Prophetic Seerah, some fourteen hundred and thirty seven years ago that gave fundamental rights to women of that society. This article explores and revisits interpretation of Qur‟anic verses on the issue of „Mata at Talaq‟. After a comprehensive study of classical Islamic texts and Islamic history it is established that Islam recognized the right of Mata at Talaq for women when divorced unjustifiably. Contemporary discussion and debate on this issue by Muslim and non Muslim scholars has also been analyzed. Notable literature on this issue is delves around South Asian countries and more particularly pertain to Pakistan, Bangladesh and Indian context, Need for progressive legislation, summoning the evolving and dynamic nature of sharia and invoking principle of takhyyur is suggested by leading contemporary scholars. It is concluded that keeping in view the contractual nature of marriage in Islam, the term Mata at Talaq should be understood as „Post Divorce Compensation‟ instead of „Post Divorce Maintenance‟ or „Post Divorce Consolation Gift‟. It is also suggested that „compensation‟ for breach of marriage contract by husband may vary from case to case and such compensation may not be granted where the wife is at fault. However in case of husbands fault coupled with his right of exercising divorce to avoid maintenance of a woman who has gone past child bearing age may result in „maintenance of the wife‟ as compensation.
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