Wife's right of maintenance
Category:
According to Madhhab:
Reference:
Question:
written request from my wife and her family regarding the maintenance amount/s
she wants for herself every month and I would like to enquire what the shariah
position is regarding the amount of monthly maintenance a wife is entitled to.
Can you please advise:
1. what amount of monthly maintenance / clothing etc. a wife is entitled to in
terms of the shariah?
2. what is your opinion regarding this specific request from my wife and her
family?
PS: Just some context around point no.2 of her request below: I am Islamically
divorced and my ex-wife has instituted legal action against me in the
non-Muslim courts for payment of a monthly maintenance amount to her.
My Requests
1.A maid.
2.An increase in allowance:
•R8 000.
•whatever amount the court rules for your ex-wife I will receive the same.
3.Payment of all medical / dental or any other related expense.
4.Payment of all clothing and personal items.
5.Payment of any lazer / waxing / salon treatment.
6.Continued payment of cell phone expense.
A detailed answer will be appreciated if possible.
1.
The husband is required to provide a
monthly allowance for food, clothing and shelter/accommodation for his wife. In
determining the monthly allowance of the wife, the financial status of both
husband and wife will be taken into consideration. For example, if both the
husband and the wife are wealthy then she will be given the allowance of the
wealthy and if both spouses are poor then she will be given the allowance of
the poor. If she is wealthy and he is poor then she is entitled to receive an allowance
more than that of a poor person;
and if she is poor and he is wealthy then she is entitled to receive an
allowance less than that of a wealthy person. This is the view of Imaam Khassaaf V
upon which the Fatwa has been issued.
However, Imaam Karkhi V
states that only the financial status of the husband will be considered in
determining the monthly allowance of the wife, meaning he will provide an
allowance according to his financial capability. [Re:- Quduri Pg.646
footnote no.5]
2.
If the husband is wealthy then it is
obligatory upon him to provide a domestic helper. This is however limited to a
single worker and it will not be obligatory upon him to provide a second
worker.
وتفرض على الزوج نفقة خادمها إذا كان موسرا
ولا تفرض لأكثر من خادم واحد (المختصر القدوري ص649)
3.
She is entitled to a separate
accommodation which is free and independent of
his family members and therein she will reside with
her husband.
وعليه أن يسكنها في دار منفردة ليس فيها أحد
من أهله إلا أن تختار ذلك وإن كان له ولد من غيرها فليس له أن يسكنه معها (المختصر
القدوري ص649)
4.
She is entitled to two sets of clothing
per year; one set every six months.
فأما الكسوة فإنما تفرض في السنة مرتين في كل ستة أشهر
مرة (المبسوط للسرخسي)
After understanding the Shari’ee ruling
pertaining to maintenance listed above we come to your specific queries;
a.
She is entitled to a maid if you a capable
of providing her with a maid. Details were mentioned above.
b.
Her demand of receiving the same amount of
maintenance which the court decrees for your ex-wife is unjustified. Looking at
the financial status of both spouses an appropriate amount should be
stipulated.
c.
The husband cannot be held responsible for
medical expenses. She will have to pay for medical expenses from the money
provided for her allowance. [Re:- Fataawa Mahmoodiyya Pg.140 Vol.20]
d.
The husband should provide clothing twice
a year.
e.
The husband cannot be held liable to pay
for beauty treatments and cell phone bills. She could use her allowance to pay
for such luxuries.
And allah ta’ala knows best
ANSWERED BY: Mufti Mohammed Desai
CHECKED
AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B
Date:- 29 Jumadal Ula 1440 - English Date: 05 February 2019