Under Mohammedan Law (Shariah), the right of maintenance (Nafaqah) is recognized as an essential entitlement of women, extending to every phase of their lives. A Muslim woman, whether as a daughter, mother, wife or widow, is entitled to some sort of maintenance in every aspect of her life. In most instances, the obligation to provide nafaqah relies upon her male family persons and relatives. According to Classical Islamic Law, if there is no relative available or capable, the state (Bayt-al-Mal) will be obliged to maintain her. Maintenance or nafaqah may include food, shelter, clothing, education etc. (in modern interpretation).
Maintenance Rights of a Daughter
Father is the first person who is primarily responsible to provide maintenance to his daughter until the daughter gets married. If the father is poor or uncapable, then her parental grandfather or nearest male relative bear such responsibility. Here, if the mother is in easy circumstances, then such obligation is transferred directly to the mother from the father. However, if a daughter is capable enough of being maintained out of her own property, the father will not be bound to provide maintenance.
Maintenance Rights of a Mother
Maintenance of mother is based on the Qur’anic principle of kindness and repayment to parents: “Repay your parents as they raised you when you were small” (Qur’an 17:23-24). So, under Shariah, a mother is also entitled to get maintenance from her children if she is poor or unable to maintain herself. Here the primary obligation relies upon the son but if the son is in needy condition, then the daughter may voluntarily contribute. However, according to the Parents Maintenance Act, 2013 both the son and the daughter are equally responsible for the maintenance of their parents.
Maintenance Rights of a Wife
A Muslim husband is bound to provide full maintenance to his wife regardless his wife is wealthy or not. This obligation remains valid as long as the marriage subsists and the wife remains faithful and obedient. If a wife abandons her husband and refuses to stay with him or voluntarily fails to perform her marital obligations without any lawful excuse, she will be going to lose her maintenance right from her husband. However, if the reason of such failure, is the denial to pay the prompt dower by the husband, then the right of maintenance of a wife still remains valid. A Muslim wife can seek for divorce (Khula or judicial dissolution), if her husband neglects the duty to provide maintenance for a period of two years (section 2 of the Dissolution of Muslim Marriages Act, 1939). Even after divorce, a Muslim woman is entitled to get the maintenance by her husband till the expiry of Iddat period (90 days from the date of divorce or until childbirth if pregnant).
Maintenance Rights as a Widow
In Shariah, a widow is also eligible to enjoy the right of maintenance from her deceased husband’s estate till the iddat period (4 months 10 days or until the childbirth if pregnant), but after the iddat, such responsibility relies upon her adult son if she is unable to provide herself.
Disclaimer: This article is intended for educational purposes, for legal guidance, do not hesitate to contact us.
LL.B (Hon’s), LL.M
Advocate, Dhaka Judge Court.
Associate, AinPal.
