In the Name of Allah, the Most Gracious, the Most Merciful.
Laws of providing maintenance for one’s children in Islam.
Regarding the maintenance of the child, if the child does not have his own personal wealth, then it is obligatory upon the father to provide maintenance for the child. Irrespective of the situation, in terms of Shari’ah, the father of the child is solely responsible for the maintenance of his child even whilst he is in his mother’s custody and thereafter too, when he comes into the father’s custody. Until such a stage that a son is able to earn for himself, or until the daughter gets married (unless she is earning some permissible income for herself); to such an extent that even if the father doesn’t own such funds, he will be required to take a loan so as to fulfill this responsibility (maintenance). It is injustice and a sin on the father to refuse payment for maintenance of his children, even after a divorce occurs.
However, once the child reaches the stipulated age by Shari’ah, the father will still maintain his right of custody, even if he did not pay the child’s maintenance while the child was in the mother’s custody. Furthermore, if the father did not provide maintenance for his child, then the maintenance cannot be claimed for the time that has elapsed already, only for the future.
For a male child:
- The mother has the right of custody from birth until the boy reaches the age of seven.
- The father has the right of custody from the age of seven until maturity (buloogh).
- Once the boy reaches the age of puberty, he is free to live with whom he chooses or even independently if he wishes.
For a female child:
- The mother has the right of custody from birth until puberty.
- The father has the right of custody from the puberty until marriage.
While the child is in the one parent’s custody, the other parent will have the right in terms of Islamic Law, to go and visit the child even on a daily basis if he/she so wishes. This right of access and visitation cannot be denied to the non-custodian parent. The non-custodian parent cannot compel the custodian parent to let the child go away with him/her daily even for a few hours. The non-custodian merely has the right to visit the child for a little while and then come away. However, with the consent of the custodian parent, arrangements could be made to let the child spend some part/s of the school holidays (or any other mutually agreed time) with the non-custodian parent.
And Allah Ta’āla Knows Best.
Mufti Arshad Ali
Darul Iftaa, Jaamia Madinatul Uloom (Trinidad)
