Monday, April 15, 2024
No menu items!

Father’s responsibility to provide maintenance

Fatwaa ID: 365


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?

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

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

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين


Darul Iftaa New York answers questions on issues pertaining to Shari’ah. These questions and answers are placed for public view on for educational purposes. The rulings given here are based on the questions posed and should be read in conjunction with the questions. Many answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation. 

Darul Iftaa New York bears no responsibility with regard to its answers being used out of their intended contexts, nor with regard to any loss or damage that may be caused by acting on its answers or not doing so.

References and links to other websites should not be taken as an endorsement of all contents of those websites. 

Answers may not be used as evidence in any court of law without prior written consent of Darul Iftaa New York.