Maintenance (Nafaqa) - Detailed Notes
1. Introduction
Nafaqa in Islamic law means the financial support one person is legally bound to provide another, usually in a
family relationship. It includes food, clothing, shelter, and other necessities. This concept is rooted in the duty
to support close relatives who cannot support themselves.
2. Definition of Maintenance
Maintenance means the amount a person is required by law to provide for the living expenses of dependents.
Under Muslim law, maintenance is an obligation mostly on males towards females or dependents. 'Nafaqa'
includes not just money but also the provision of food, clothes, and shelter.
3. Essential Elements of Maintenance
1. Existence of Relationship - e.g., husband-wife, parent-child, etc.
2. Dependency - the person seeking maintenance must be unable to maintain themselves.
3. Capability of Provider - the person from whom maintenance is claimed must have the financial means.
4. Lawful Conduct - in some cases (like wife), maintenance depends on her being faithful and obedient.
4. Kharcha-i-Pandan
It is a traditional personal allowance given to a Muslim wife in some customs, especially in noble or
upper-class families. Considered a personal gift or customary maintenance for personal expenses like
betel-leaves, cosmetics, etc. Not mandatory under Islamic law but may be enforced if customarily practiced or
agreed in the marriage contract.
5. Liability for Maintenance
A. Husband's Liability - Husband is bound to maintain his wife during the subsistence of a valid marriage.
Wife's obedience and chastity are key conditions under traditional Islamic law.
B. Father's Liability - Father is liable to maintain children until they become self-sufficient. For female children,
the duty may continue until marriage.
Maintenance (Nafaqa) - Detailed Notes
C. Children's Liability - Sons must maintain their poor parents if they are capable.
D. Other Relatives - In the absence of husband/father/son, other blood relatives may be liable according to
their closeness and means.
6. Principles of Maintenance under Muslim Law
1. Based on relationship - primarily blood or marital ties.
2. Need and capacity - claim allowed if claimant needs and defendant has means.
3. Continuity - maintenance is generally periodic (monthly).
4. No right if fault lies with claimant - e.g., a disobedient wife may lose her right.
5. Cannot be claimed for past period - unless agreed or decreed by court.
7. Persons Entitled to Maintenance
- Wife (valid marriage, even if she is wealthy).
- Divorced wife (during iddat; beyond iddat under Section 125 CrPC in India as per Shah Bano case).
- Children (until self-sufficient or married, especially daughters).
- Parents (if they are poor and children can afford).
- Other relatives (if specific conditions under Muslim law are met).
8. Effect of Apostasy on Maintenance
Apostasy means renouncing Islam.
- Wife's apostasy: Terminates the marriage automatically under Muslim law, hence maintenance ends.
- Husband's apostasy: Also dissolves the marriage; wife entitled to maintenance during iddat.
9. Distribution of Liability
Priority order:
1. Husband
2. Father
3. Mother (in some cases)
Maintenance (Nafaqa) - Detailed Notes
4. Adult children
5. Other heirs (paternal relatives take precedence over maternal)
If the primary person is incapable, the responsibility shifts to the next capable relative.
10. Differences between Sunni and Shia Law Regarding Maintenance
Aspect - Sunni Law - Shia Law
Wife's maintenance - Conditional on obedience and chastity - Same, but sometimes stricter in practice
Divorced wife - Maintenance during iddat only - Same, no maintenance after iddat
Illegitimate children - No maintenance rights - Same
Parents' maintenance - Sons liable if they can afford - Sons liable only if no one else is available and wealthy
Relative's liability - Broader - includes wider circle of blood relatives - Narrower - limited to immediate family
Important Case Laws
1. Mohd. Ahmed Khan v. Shah Bano Begum (1985) - Supreme Court ruled that a divorced Muslim woman is
entitled to maintenance under Section 125 CrPC.
2. Danial Latifi v. Union of India (2001) - Upheld constitutional validity of Muslim Women (Protection of Rights
on Divorce) Act.
3. Bai Tahira v. Ali Hussain (1979) - Court held that a divorced woman is entitled to maintenance if she
cannot maintain herself.
