MAINTENANCE IN ISLAMIC LAW

 

 CONCEPT OF MAINTENANCE IN ISLAMIC LAW

MAINTENANCE:

Equivalent word of maintenance in Arabic is “Nafaqah” which means ,an amount spent by a person over his family.

➢ Generally maintenance includes: food , raiment and lodges.

➢ However, according to the case law (1992 MLD 219 Maqsood Ahmad Sohail Vs Abida Hanif):“ Maintenance not only includes food, clothing and residence but also other necessaries like education, healthcare etc essential for mental and physical well being”.

EXPLANATION:

Under the Muslim Law, one is entitled to claim ‘nafaqah’ or ‘maintenance’ if he or she is a person’s:

➢ Wife

➢ Children

➢ Relatives such as parents, grandparents and others.

1):MAINTENANCE OF CHILDREN:

Under Muslim law, it is the primary duty of the father to maintain his children. He is duty- bound to provide maintenance to :

➢ His son until he attains the age of puberty.

➢ His daughter until she gets married. (Incase of disabled or lunatic son, father will provide to his son even after attaining the age of puberty. Similarly under certain certain circumstances, father is bound to maintain his widowed or divorced daughter).

➢ Even an illegitimate child has got the right of maintenance, though he has no right to inheritance.

The responsibility of mother to maintain her children is secondary i.e if father of the children is poor and incapable of earning by his own labour, the mother (if she is in easy circumstances) is bound to maintain her children as the father would be.

(Section 328 and 328A of PPC deals with parents when they don’t maintain their children).

2): MAINTENANCE OF WIFE:

It is the liability of the husband under Muslim law to maintain his wife. We can divide it into three categories:

A) BEFORE CONSUMMATION OF MARRIAGE:

➢ If before consummation of marriage, the wife is capable of consummation/performing marital obligations, then husband is bound to maintain his wife.

➢ If the wife is too young so that incapable of Consummation/performing matrimonial obligations, then husband is not bound to maintain his wife.

B) DURING MARRIAGE:

The right of wife to maintenance during marriage is dependent on her behavior towards husband.

➢ If the wife is faithful to husband and obey his reasonable orders, then husband is bound to maintain her.

➢ If the wife refuses to obey reasonable orders of the husband and is not faithful to him, then she has no right to be maintained.

Case law:Mehmood Ali Vs Ghulam Fatima:wife was  disobedient towards husband. So the court held that husband is not bound maintain his wife.

C) AFTER DISSOLUTION OF MARRIAGE:

➢ If the a women is divorced , then she is entitled to Maintenance during the period of iddat .

➢ A widow is not entitled to maintenance .(Case law : Agha Muhammad Jaffer Vs Kalsoom Bibi 1897)

3): MAINTENANCE OF PARENTS AND GRANDPARENTS AND OTHERS.

It is obligatory upon a man (Son) to maintain his father, mother and grandfather and grandmother if they happen to be in circumstances necessitating it. The fact that they may belong to different religions makes no difference. Except his wife, children, parents, grand-children and grandparents, a man is not obliged to maintain other relations belonging to other religions. 

CONCLUSION:

Under Muslim law, a husband is obliged to maintain his wife and family, and the term maintenance signifies the amount he is liable to pay for the same. The term used for maintenance under Muslim Law is called “nafaqa” and it comprehends food, raiment and lodging, The wife is entitled to maintenance from husband, despite the fact that she has means to maintain herself.

                                           THE END