Shar'ee obligation of the father to provide maintenance for the children after divorce
Q: A couple have decided to terminate their nikah due to irreconcilable differences. After the iddat the wife will move out and rent a flat somewhere to accommodate herself and her three children (all sons).
Although the eldest child is 11, it has been mutually agreed that all 3 children will live with the mother.
The mother of the children has no personal income. She will have to find a job to take care of herself and her children as there is no other financial support. Since the children will be living with her, how much is the father liable for the maintenance of each child? Is there any formula to calculate this?
2. Which of the following aspects will be considered when calculating an amount for the maintenance of the children:
a) Food
b) Clothing
c) Rent
d) Utilities
e) Toiletries
f) Maid
g) Petrol allowance
h) Household detergents etc
i) Occasional treats
3. The children have grown up in a certain lifestyle. Does the mother have to cut back on what they are accustomed to, or does the father have to maintain them at the level they have become used to?
4. The mother will be moving into an empty flat which will have to be furnished with at least the basics. Since the children will be living with her, does the father have any responsibility in furnishing the home for his children's benefit?
5. The rental in an average suitable and safe area is around R6000. The children are already accustomed to living in such a suburb. Is the father obliged to provide maintenance considering such rental amount, or must the mother find a place in a sub economic area in order to afford the rental?
6. If the father of the children claims he is unable to afford, for example, more than R5000 in total per month for the maintenance of all three children, which is very inadequate, but the mother claims that he can afford more, how is this to be resolved?
A: It is a Shar'ee obligation upon the father to provide maintenance for the children. Maintenance entails fulfilling their basic requirements of food, clothing, shelter, etc. Similarly, ensuring that the children receive the correct upbringing and education is also the responsibility of the father. Hence, all the expenses will have to be borne by the father according to his financial status and position. No specific amount can be stipulated as the needs and requirements as well as the financial position of people varies.
In the above situation, since a flat will have to be rented, the father will have to pay the rent as providing accommodation for his children is his responsibility. Similarly, he will have to furnish it and make it liveable for them according to his financial position.
Note: The above ruling is in relation to the case where the children do not have wealth. If the children possess wealth, then the law of Shari'ah is that the children's wealth should be used to fulfill their needs and requirements unless the father wishes to pay for these expenses from his own wealth.
The father should be advised that he is solely responsible for the maintenance of the children. Hence, since he is responsible, he should ensure that he fulfils his responsibility correctly in providing maintenance for the children and taking care of them.
And Allah Ta'ala (الله تعالى) knows best.
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