Q: I am currently in the process of obtaining a faskh, due to my husband having extra marital affairs with multiple women to which I have proof. We have two daughters aged 3 and 1, the children reside with me in my parents home and he visits and sees them whenever he wants, I have no problem with this.
I have never worked during our marriage and although I am trying financially, I cannot provide everything for my children. I don’t have a car and he has 3.
My question is, once the fasakh is finalized, what financial obligations is he required to regarding the children?
Can I request a car, allowance (money especially when taking the children out) to use for the children?
A: It is a Shar'ee obligation upon the father to provide maintenance for his children. Maintenance entails fulfilling their basic requirements of food, clothing, shelter, etc.
Similarly, ensuring that the children receive the correct Islamic upbringing and Islamic 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. Providing a car is not part of the father's responsibility.
Note: This ruling is in relation to the case where the children do not have wealth. If they 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..
And Allah Ta'ala (الله تعالى) knows best.
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