Concept Of Maintenance Under Muslim Law

Maintenance under Muslim law means the expenditures that one person allocates to his/her family, to arrange the essentials of life e.g. meals, shields, and clothes. According to maintenance in Islamic Law, a person who has reasonable resources is responsible for maintaining his children, his wife, his poor or old age father, mother, grandfather, grandmother, and such relatives from whom he can be inherited.

Maintenance Under Muslim Law

The maintenance under Muslim law notes are explained below.

What is Maintenance?

The word “maintenance” is a substitute for the Arabic word “Nafqa”.

It refers to a sum of money that one uses, for himself or his family, to accommodate the necessities of life such as food, clothes, and shelter, it also includes education, etc.

Meaning of Maintenance

The maintenance meaning in Hindi/Urdu is “Naan-o-Nafqa”.

It means the act of sustaining life by food or providing a means of subsistence.

Definition of Maintenance

According to Muhammadan Law:

Maintenance includes food, raiment, and lodges.

Maintenance under Muslim law Case Law

1992 MLD 219 Maqsood Ahmad Sohail VS. Abida Hanif

In this case, the word maintenance is defined as ‘maintenance means keeping in existence to preserve to support to make good’.Maintenance includes food, raiment, and lodging. It also includes other necessities for mental and physical well-being e.g. education.

Who is Entitled to Maintenance?

In maintenance under Muslim law following persons are entitled to maintenance:

• Children
• Parents
• Grand Parents
• Wife
• Relatives to whom property can be inherited.

1. Maintenance of Children

Maintenance in Muslin law of legitimate or illegitimate children is the duty of parents (the mother and the father).

The primary duty of maintenance lies on the father of the children as the mother of such children (wife) also relies on her husband (the father of such children) for maintenance.

In case the father and the mother of the children live separately by mutual consent or due to any reason and the children are living with either the father or with the mother, the father of such children is responsible for providing maintenance.

In case the father of such children is poor or incapable and the mother of such children is in easy resources, the mother is responsible for the maintenance of their children.

Children include sons and daughters.

a. Maintenance of Sons

The parents are responsible for their sons until they reach the age of puberty.

The age of puberty is the age at which one becomes able to perform sexual activity.

b. Maintenance of Daughters

The parents are responsible for the maintenance of daughters under Muslim law until they get married and go to their husbands’ house.

According to Section 328 of the Penal Code:

‘Whoever being the father or mother of a child under the age of twelve years, or having the care of such child, shall expose or leave such child in any place to wholly abandon such child, shall be punished’.

2. Maintenance of Parents

The maintenance of parents in Islam lies in their children (male).

If the male children have reasonable resources, they are liable to maintain their poor parents (father and mother).

3. Maintenance of Grand Parents

The maintenance under Muslim law of poor or old age grandparents (grandfather and grandmother) also lies on their children or grandchildren (male) who can maintain them.

4. Maintenance of Wife

The maintenance of the wife under Muslim Law lies on her husband. The husband is liable to maintain his wife even if she can maintain herself or not.

Maintenance of a wife in Islamic law includes three stages:

1. Before Consummation of Marriage

Consummation refers to the act of bringing to completion. It means after Nikah the completion of marriage by sexual intercourse.

It has two conditions:

• In case the girl is too young of age and has not attained the age of puberty or is incapable of consummate, there is no right of maintenance for her from her husband.
• In case the girl has attained the age of puberty or is capable of being consummate, her husband is responsible for providing her maintenance.

2. During Marriage

The maintenance under Muslim law of a wife depends upon her behavior towards her husband.

The wife is entitled to get maintenance by her husband if she is:

• faithful to her husband
• obeys his reasonable orders

Exception:

• When her husband is cruel to her and she disobeys him, she is entitled to get maintenance, or if her husband forcefully throws her out, of his house, she is also entitled to maintenance.
• When the husband refuses to pay dower to his wife before cohabitation, in response the wife may refuse to live with her but is entitled to get maintenance.

3. After Marriage

After marriage means after the dissolution of marriage. If the marriage is dissolved using a divorce, the husband is responsible for providing maintenance until the period of iddat comes to an end.

5. Maintenance of Widow

A widow is not entitled to get maintenance during or after the period of iddat, consequent upon her husband’s death. But she is entitled to her share in the inheritance.

Case Law Agha Muhammad Jafir Vs. Kulsoom Bibi 1897

It was said that the widow was not entitled to maintenance under Muslim law.

Conclusion

Maintenance under Muslim law requires a person who has reasonable resources to be responsible for maintaining his children, his wife, his poor or old age father, grandfather, and such relatives from whom he can be inherited. The naan nafqa for spouse in Islam lies on the husband but in some cases which one is financially strong.

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