Maintenance (Nafaqa) under Muslim Law

Introduction

The Arabic word Nafaqa is derived from “an-nafaq”, meaning “to spend.” In law, it refers to everything that a person spends for the subsistence of his dependents.

The concept of maintenance, known as Nafaqa in Islamic law, forms a cornerstone of Muslim family jurisprudence. It signifies the legal obligation of one person to provide financial support to another who depends on him for the necessities of life — such as food, clothing, residence, and medical care.

Nafaqa is not an act of charity; it is a legal and moral duty imposed by Islamic law to preserve the institution of family and ensure social justice. The principle is rooted in the Quran, Hadith, and classical fiqh (jurisprudence), emphasizing that every individual with means must protect and provide for his dependents.

In certain Muslim families, especially of higher social standing, it may also include special allowances such as Kharcha-i-Pandan (betel-box expenses), Guzara (personal pocket money), and Meva-Mithai (refreshment allowance).

Kharcha-i-Pandan

Kharcha-i-Pandan literally means the allowance for betel leaves and perfumes. Historically, it was an additional amount given to noble or upper-class Muslim wives for their personal expenses — such as cosmetics, refreshment, or hospitality.

It was regarded as:

• A customary right of a respectable wife.
• A symbol of status, separate from general maintenance.
• Sometimes contractually fixed in the marriage deed (Nikahnama).

In modern times, Kharcha-i-Pandan has symbolic importance, representing a woman’s right to financial independence within marriage.

Persons Entitled to Maintenance

Under Muslim law, Nafaqa can be claimed by the following categories of persons:

1. Wife

The wife has the first and most important claim to maintenance. Her right is absolute during a valid marriage, irrespective of her own income or property.

Conditions for entitlement:

• The marriage must be valid (Sahih Nikah).
• The wife must be faithful and obedient (not nashiza).
• She must reside with the husband unless justified in living apart.

If the husband neglects or refuses to maintain her, she may:

• File a suit for maintenance in civil court, or
• Claim under Section 125 CrPC, or
• Seek relief under The Muslim Women (Protection of Rights on Divorce) Act, 1986.

Her right includes Kharcha-i-Pandan and other personal expenses suited to her standard of living.

2. Descendants

Descendants include children, grandchildren, and great-grandchildren in the male line.

• Father’s obligation: A father must maintain his minor children — sons until puberty or earning capacity, and daughters until marriage.
• Grandfather’s duty: If the father is dead or poor, the grandfather must provide maintenance.
• Illegitimate children: Entitled to maintenance only from the mother, not from the father, as paternity is not legally recognized.

This duty continues even after divorce if the child remains with the mother.

3. Ascendants

Ascendants include parents, grandparents, and great-grandparents.

• Sons are bound to maintain their aged or poor parents.
• If the son is poor, but the daughter is well-off, she too must contribute.
• This obligation arises out of both moral and legal principles recognized by Islamic jurisprudence.

4. Collaterals

Collaterals refer to brothers, sisters, uncles, aunts, and other relatives.
Under Hanafi (Sunni) law, the duty of maintenance may extend to these relatives if:

1. The claimant is indigent and cannot support himself.
2. The person from whom maintenance is claimed has sufficient means.
3. There exists a relationship of mutual inheritance between them.

For example, a brother may be bound to maintain his widowed sister if she has no one else to support her.

Maintenance of Wife After Divorce

1. During Iddat

When a marriage ends by divorce, the husband’s obligation to maintain his wife continues during the Iddat period — a waiting time prescribed by law.

• Iddat is three menstrual cycles (or three lunar months) for a non-pregnant woman.
• For a pregnant woman, it continues until childbirth.

During this time, the husband must provide all maintenance, including residence.

2. After Iddat

Traditionally, maintenance ended after Iddat, but judicial interpretation in India has expanded this right.

(a) Shah Bano Case (1985)

In Mohd. Ahmed Khan v. Shah Bano Begum, the Supreme Court held that a divorced Muslim woman who cannot maintain herself is entitled to maintenance under Section 125 CrPC, even after Iddat.

(b) Muslim Women (Protection of Rights on Divorce) Act, 1986

This Act provides:

• The husband must make a reasonable and fair provision for the divorced wife within the Iddat period.
• She is entitled to her Mehr and properties received during marriage.
• If unable to maintain herself, the duty shifts to her relatives or the Wakf Board.

(c) Danial Latifi Case (2001)

The Supreme Court clarified that reasonable and fair provision means a one-time settlement that covers the woman’s future needs, not merely during Iddat.

Maintenance of Children After Dissolution of Marriage

After divorce, children remain entitled to maintenance from their father as long as they are minors or unable to support themselves.

• The father must maintain both sons and daughters.
• Daughters are entitled until marriage.
• If the father is poor, the mother or grandparents may be directed to contribute.

Even if custody (Hizanat) remains with the mother, she can claim maintenance for the child’s upkeep.

Duration of Maintenance

The duration of maintenance varies according to relationship:

• Wife: During marriage and Iddat; extended for future if provided by settlement.
• Divorced Wife: Till Iddat, or longer if fair provision is made.
• Children: Sons till puberty or earning capacity; daughters till marriage.
• Parents: As long as they are poor and unable to earn.
• Relatives: As long as dependency and means exist.

There is no permanent liability once the dependent becomes self-sufficient or remarries (in case of wife).

Suit for Maintenance

A suit for maintenance can be filed:

• By the wife against her husband,
• By parents against children,
• Or by children against father (or other relatives if father is absent or poor).

Jurisdiction: Civil courts and family courts can entertain such suits.

Relief: Courts may grant:

• Past maintenance (for a reasonable period), and
• Future maintenance (regular or lump sum).

The court determines the amount based on:

• Financial status of the person liable,
• Needs and status of the claimant,
• Local conditions and cost of living.

Effect of Apostasy on Maintenance

Apostasy — i.e., renunciation or conversion from Islam — affects maintenance rights differently under classical law and modern interpretations.

1. Apostasy of Wife

Under traditional Muslim law:

• If the wife renounces Islam, her marriage with a Muslim husband dissolves automatically (Faskh), and her right to maintenance ceases after Iddat.
• However, if she converts to Islam from another faith, she retains full rights.

2. Apostasy of Husband

If the husband renounces Islam, the marriage is dissolved and the wife is entitled to full maintenance during Iddat.

3. Modern View

Indian courts today adopt a constitutional approach — apostasy does not automatically destroy maintenance rights if the marriage subsists legally and the dependent remains in need. The emphasis is on equity and justice, not rigid personal law rules.

Difference Between Sunni and Shia Law of Maintenance

Philosophy Behind Nafaqa

Islam views wealth as a trust (Amanah), and the duty of Nafaqa as a means of fulfilling social and spiritual responsibility. The Quran commands believers to spend from what Allah has bestowed upon them, particularly for their dependents.

Thus, maintenance under Muslim law reflects:

• Justice – ensuring no dependent is left destitute.
• Compassion – promoting care within family ties.
• Social balance – preventing exploitation or neglect.

Conclusion

Maintenance (Nafaqa) under Muslim law is not merely a financial duty — it is a moral and religious responsibility grounded in compassion and equity. It protects the most vulnerable members of society: wives, children, parents, and the poor.

From Kharcha-i-Pandan symbolizing a woman’s dignity, to judicial reforms ensuring divorced women’s livelihood, the law of maintenance has evolved with time while preserving its ethical foundation.

Though differences exist between Sunni and Shia interpretations, the spirit remains the same — to uphold family welfare and human dignity. In the modern legal framework, Nafaqa continues to embody Islam’s eternal principle: “Spend on those dependent upon you, for their care is your faith and your responsibility.”