Darul Ifta Ibn Masood

Maintenance Of Children

· 11 Rabiʻ I 1447 AH1 min readEnglish

Question

When the Shar’i right of a mother having custody of her children falls away, but she refuses to hand custody over to the father, is the father still liable to maintain the children?

Answer

The maintenance of children is the responsibility of the father, irrespective of whether the children are in his care or not.

References (Arabic / Urdu sources)

نَفَقَةُ الْأَوْلَادِ الصِّغَارِ عَلَى الْأَبِ لَا يُشَارِكُهُ فِيهَا أَحَدٌ كَذَا فِي الْجَوْهَرَةِ النَّيِّرَةِ

(الفتاوى الهندية 1/560)

Answered by
Mufti Muhammad Isa Ali
Checked & approved by
Mufti Yacoob Vally Saheb
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Source: Darul Ifta Ibn Masood — https://fataawa.co.za/maintenance-of-children-2/
Fatawa SA: https://fatawa.co.za/fatwa/ibnmasood-39704

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