Maintenance in Islam: Rights of Wife, Children, and Dependents

PERSONS ENTITLED TO MAINTENANCE : MAINTENANCE OF WIFE: MAINTENANCE OF CHILDREN

PRELIMINARY

Maintenance signifies food, clothing, and lodging. Beyond the payment of dower (mehr), the husband's primary financial obligation towards his wife is that of maintenance. This obligation only lapses when the wife is formally declared disobedient.

QURAN (Surah An-Nisa 4:34):

“Men are the protectors and maintainers of women, because Allah has given the one more (strength) than the other, and because they support them from their means.”

HADITH (Sahih Bukhari):

“Young men, those of you who can support a wife should marry, for it helps you lower your gaze and guard your chastity; and those who cannot should fast, for it is a means of suppressing desires.”

 

PERSONS ENTITLED TO MAINTENANCE

The following persons are entitled to receive maintenance:

• Wife

• Children

• Grandchildren

• Parents

• Grandparents

• Son’s Wife

• Step-relations

• Other persons within prohibited relationship

 

MAINTENANCE OF WIFE

1. In Case of Valid Marriage

A husband is legally bound to maintain his wife during the subsistence of a valid marriage, according to his financial capacity and social status. This right is subject to the condition that the wife is not disobedient and does not refuse to live with her husband without a lawful cause (e.g., non-payment of dower).

2. In Case of Divorce During Iddat

A divorced wife is entitled to maintenance during the period of iddat (waiting period).

• For divorce: three months.

• For widowhood: four months and ten days.

Quranic Reference (Surah Al-Baqarah 2:241):

“For divorced women, maintenance (should be provided) on a reasonable scale. This is a duty on the righteous.” — Translation by Abdullah Yusuf Ali

Under Shia Law: A wife is not entitled to maintenance during iddat if the divorce is irrevocable.

3. In Case of Pregnancy After Divorce

A pregnant wife is entitled to maintenance until delivery.
Quran Says:

“The carrying of (the child) to his weaning is a period of thirty months.” — (Surah Al-Ahqaf 46:15)

4. Non-Payment of Mahr and Cruelty

If the husband fails to pay prompt mehr on demand or treats his wife cruelly such that she leaves him, she is still entitled to maintenance.

5. If the Wife is Disobedient or Refractory

If the wife is disobedient or leaves her husband without valid reason, she is not entitled to maintenance until she returns and resumes cohabitation.

6. Husband’s Death or Absence

If the husband is absent but leaves property behind, the wife (and other dependents) may receive maintenance from his estate.

Quranic Reference (Surah Al-Baqarah 2:240):

“Those of you who die and leave widows should bequeath for their widows a year’s maintenance and residence.”

7. Separation Due to Apostasy or Infidelity

If the separation is caused by the wife’s apostasy or infidelity, she is not entitled to maintenance during iddat.
However, if separation is sought for valid reasons (e.g., husband's misconduct), she is entitled to maintenance.

8. Muta (Temporary Marriage by Agreement)

A husband must maintain his wife if such obligation is agreed upon in a muta (contractual) marriage.

9. Minor Wife

If the wife is a minor and the marriage has not been consummated, there is no obligation to maintain her under Hanafi law.

10. Legal Remedies for Non-Payment

• Under Section 9 of MFLO 1961: The wife can apply to the Chairman, who will form an Arbitration Council to fix maintenance. This amount is recoverable as arrears of land revenue.

• Under Sections 125–128 Cr.P.C: The wife can file a criminal suit for maintenance against the husband.

 

MAINTENANCE OF CHILDREN

1. Minor Children

According to Hedaya: The father is solely responsible for maintaining minor children.

2. Major Children

• Males: Up to age 18

• Females: Until marriage

• Exception: If the child is physically or mentally disabled, maintenance continues even after attaining majority.

3. Children from Dissolved Wedlock

Children born in a lawful marriage but during a divorce remain entitled to maintenance from their father.

4. Illegitimate Children

Under Islamic (Muhammadan) Law, illegitimate children are not legally entitled to maintenance.

5. Legal Remedy

Under Section 125(1) Cr.P.C, both legitimate and illegitimate minor children, and major disabled children, may claim maintenance from the father.

 

MAINTENANCE OF PARENTS AND GRANDPARENTS

Children (sons and daughters) who are financially capable are equally responsible for maintaining their poor parents and grandparents.

Under Shia Law:

• The mother is entitled to maintenance in preference to the father.

• Both parents have equal rights to maintenance.

 

MAINTENANCE OF SON’S WIFE

A father-in-law is obligated to maintain his daughter-in-law if:

• The son is a minor

• The son is financially incapable

• The son is physically or mentally infirm

 

MAINTENANCE OF STEP-RELATIONS

A Muslim is obligated to support step-relations only if certain dependent conditions are met (e.g., inability of the step-relation to earn and absence of other support).

 

MAINTENANCE OF PERSONS WITHIN PROHIBITED DEGREE

A person with sufficient means is religiously and legally obligated to maintain relatives within the prohibited degree (e.g., close blood relations) if they are in need.

 

CONCLUSION

Quranic Reference:

“They (your wives) are garments for you, and you are garments for them.” — (Surah Al-Baqarah 2:187)

This emphasizes mutual protection, support, and intimacy, forming the foundation of maintenance responsibilities in Islam.