Abstract

The Muslim law of maintenance, similar to the law of maintenance in most other legal systems, regards property as the primary and inherently individual matter. Unlike the Hindu system, it does not envision, as the usual state of affairs, the presence of a collective pool of family property that is preserved across generations for the common necessities. Maintenance, referred to as 'nafaqa', encompasses provisions for food, clothing, and shelter, although it is commonly understood to primarily pertain to the former. There exist three reasons for which one individual can provide maintenance to another: marriage, kinship, and property. Only wives, who are entitled to property sufficient for their maintenance, can assert a claim to be supported by their husbands. Their right to maintenance is akin to a form of compensation for their marriage contract. In the present study, we have expounded upon the legal responsibilities bestowed upon husbands to provide sustenance for their wives, progeny, and elderly individuals, while also considering the variables that influence the magnitude of such provisions. Furthermore, this research endeavors to delve into the historical underpinnings of maintenance, as well as explore the various forms of maintenance and the associated debt thereof. In sum, this inquiry accentuates the paramount importance of fulfilling legal duties in supporting dependents within the realm of Islamic law.

Keywords