Maintenance of children

Category: 

Social Matters

According to Madhhab: 

Hanafi

Reference: 

1440-271

Question: 

I am married with 3
children 1 daughter 18 year's old and 2 son's 15 and 6 year's old, I have
separated from my husband because he is abùsive and I have had no choice but to
involve the police as to his behaviour towards me, we are living separately and
we have both agreed to getting divorced now, I am currently living in our
property with my 3 children but he wants to sell the house and is willing to
only give one third of the money to us.

The father has allowed the children to stay with the mother, does he have to
provide for the children even if they r living with there mother? Is he
responsible for providing a roof over the children's head too? How much is the
father responsible for the children while they r living with there mother?



The father has asked for the property which his wife and 3 kids currently live
in to be sold and he takes over the 2/3 share leaving the wife and 3 kids with
1 third. He wants the property sold prior to divorce proceedings.

The share he leaves the wife and kids does not allow them to continue living in
London and will displace the whole family. Also the kids are in crucial stage
of school and does father have a responsibility to ensure their education is not
compromised?

As we live in the UK do we have to still observe the uk law in terms of divorce
?

Under sharia law what can the wife do to protect the interest of the children
where they will clearly be disadvantaged if the property is to be sold?


Answer: 

1. The father will be responsible to maintain his minor son until he reaches the age of puberty and is capable to earn for himself. He is not responsible for the son that has already reached puberty particularly if he is capable of going out to earn a living and maintaining himself. If he maintains his mature son (due to him pursuing his education) then such an act will be considered as a gesture of goodwill on the father’s path. As for his daughter, he will be responsible to maintain her until she is married. The responsibility of maintenance will be fully on the father and is not shared with the mother in anyway whatsoever. However, if the mother wishes, she may voluntarily spend on her kids as an act of goodwill but not as a Shari’ee obligation.

2. In regards to ownership of the house, adequate details have not been provided in the query. However, if the house belonged solely to the husband, then he is at liberty to sell it whenever he wishes, whilst none of the other family members can lay any claim to it. In this scenario, he is not required to share a portion of the funds accrued form the sale of the property with his wife or children since he was the sole owner of the property, but is free to do so if he wishes to do so willingly. Yes, if he sells the property then he will have to provide alternate accommodation for his children, as well as food, medical expenses, clothing and education. In other words, he will have to cover his children’s expenses in full.

3. It is not obligatory upon the father to educate his children at their current institute of schooling or any particular institute of their choice. The children may be educated (by the father) at any institute which is affordable to him with the proviso that being educated at such an institute does not contradict the Shari’ah in anyway. However, if the father is willing to continue having them educated at their current institute seeing that the kids are comfortable and settled in their particular school, then he is at liberty to do so.

4. We as Muslims are required to abide by the Shari’ee law of divorce and not the secular law of divorce. If the U.K. law of divorce is in conflict with the laws of Shariah then such laws should be discarded and the Shari’ee law of divorce upheld.

5. The wife may offer to purchase the property from the husband (if it solely belongs to him), in fixed installments if she is not in the position to purchase it for cash immediately. In this way, she becomes the owner of the property (if he is willing to accept her proposal to purchase). She may then charge the father a pro-rata rental for providing the kids with shelter (as providing accommodation is the father’s obligation) and this amount could then be of assistance to her in offsetting her debt.

The other option is that the wife rents the premises from the husband which will make her the lessee and the husband the lessor. She may then charge the kids for accommodation as explained above, and this amount could be of assistance to her in paying her monthly rental. These are two simple alternatives which we suggest that could possibly help in overcoming the issue.

And Allah Ta'aala knows best
ANSWERED BY: Mufti Mohammed Desai
CHECKED AND APPROVED BY:  Mufti Muhammed Saeed Motara Saheb D.B 
Date: 21 Jumadal Ula 1440 - English Date: 28 January 2019

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