Fatwaa ID: 365

Question:
Assalamualaikum,

I understand that a father needs to still pay maintenance for his children, even after divorce.

But is that still the case if the ex-wife is withholding access to the children AND she’s receiving benefits from the system?

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

It is the responsibility of the father to provide nafaqah/maintenance for his children post divorce until they become baaligh. This is the situation irrespective of the ex-wife’s attitude and behavior. Likewise, if she is receiving government grants, this will not absolve him of his responsibility. When he provides for them, he should be regard it as sadaqah for which he will be rewarded. His good is towards his children. In regards to access to his children, he may seek legal intervention to enjoy his right.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

06/19/1444 AH – 01/12/2023 CE | AMG3-3144

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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