The Concept of Maintenance under Muslim Law
The Concept of Maintenance under Muslim Law
1. Definition
Under Muslim Law, maintenance (nafaqah) refers to the financial support a person is obliged to provide to those whom they are legally bound to support. This includes:
Food
Clothing
Shelter
Medical care
Other essentials for basic living
2. Legal Basis
Maintenance is grounded in Sharia (Islamic Law) and has been recognized and interpreted by both classical Islamic jurists and modern courts. Key sources include:
The Quran
“Let the man of means spend according to his means…” (Surah At-Talaq 65:7)
Hadiths of the Prophet Muhammad (PBUH)
Fiqh (Islamic jurisprudence) developed by different schools (Hanafi, Shafi’i, Maliki, Hanbali)
3. Persons Entitled to Maintenance
a. Wife
A wife is entitled to maintenance as long as the marriage subsists, regardless of her financial status.
She must be:
Obedient
Residing with the husband (unless valid reason exists to live apart)
Key Points:
Maintenance includes food, clothing, housing, and medical needs.
She is not entitled if she is disobedient without reasonable cause (nashiza).
Pregnant divorced women are entitled to maintenance until delivery (Quran 65:6).
b. Divorced Wife
Under traditional Islamic law, maintenance is payable only during the iddah period (usually 3 menstrual cycles or about 3 months).
After iddah, the husband’s obligation ends unless she is pregnant, in which case it continues until childbirth.
❗ Modern Development:
Shah Bano case (India, 1985): Supreme Court ruled that a divorced Muslim woman can claim maintenance under Section 125 of CrPC, triggering major legal and political debates.
Muslim Women (Protection of Rights on Divorce) Act, 1986 was passed in India, limiting the husband's obligation to iddah period but requiring that relatives or Waqf Boards provide support thereafter.
c. Children
Both sons and daughters are entitled to maintenance from the father.
Sons: Until they reach puberty or become capable of earning.
Daughters: Until marriage, or longer if they are unmarried and unable to support themselves.
d. Parents and Grandparents
A child (male or female) who is financially capable must maintain poor parents or grandparents.
Obligation applies even if parents are non-Muslims (according to many jurists).
e. Other Relatives
In the absence of parents, certain other blood relatives may be entitled to maintenance under specific conditions (varies by school of law).
4. Conditions for Claiming Maintenance
The claimant must be in need and unable to maintain themselves.
The person from whom maintenance is claimed must have means to provide.
Maintenance cannot be claimed if the person entitled:
Has income or property sufficient for their needs
Is disobedient (in case of wife)
Has severed the legal relationship (e.g., through valid divorce without pregnancy)
5. Amount of Maintenance
No fixed amount under classical Islamic law.
It depends on:
Financial position of the husband/provider
Social status of the claimant
Customary standards of living
Modern courts may fix a monthly amount depending on income and circumstances.
6. Enforcement
Maintenance can be claimed through family courts or magistrates, depending on the jurisdiction.
In countries like India, maintenance may also be claimed under Section 125 of the Criminal Procedure Code (CrPC) for destitute wives, children, and parents, irrespective of religion.
7. Modern Statutory Provisions (Example: India)
Section 125 CrPC – Secular provision for maintenance.
Muslim Women (Protection of Rights on Divorce) Act, 1986
Maintenance of Parents and Senior Citizens Act, 2007
Other countries (e.g., Pakistan, Bangladesh, Malaysia) have codified Muslim family laws that include maintenance rights and procedures.
Summary Table
| Person Entitled | Duration/Condition | Notes |
|---|---|---|
| Wife | Throughout marriage | Must be obedient; even if wealthy |
| Divorced Wife | During iddah (and until childbirth if pregnant) | Based on Quranic injunction |
| Children | Until son reaches puberty, or daughter marries | Dependent on father's means |
| Parents | Lifelong if poor | Child must be financially capable |
| Others | Case-specific | Based on need and relationship |
8. Key Case Law (India)
Mohd. Ahmed Khan v. Shah Bano Begum (1985) – Landmark ruling on divorced wife's maintenance.
Danial Latifi v. Union of India (2001) – Interpreted Muslim Women Act to uphold fair and reasonable provision beyond iddah.
Iqbal Bano v. State of U.P. (2007) – Maintenance rights under Section 125 upheld for Muslim women.
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