MUSLIM LAW

MAINTENANCE (NAFQAH)

DESCRIPTION

The term "Nafqah", that is maintenance is often described with regard to a wife what a husband has to spend on the support of the wife. It has been described in at Hidayah to signify all those things, which are necessary to the support of life such as food, clothes and lodging. It also includes such articles as are necessary according to the custom of a country and particular class of people such us cosmetics, cleansing soap, hair oil, articles of domestic use such as cooking utensils, mats, carpets, blankets, furniture. In most books on Fiqh, stress is laid on food, clothes and residence while dealing with the question of maintenance. This gives the impression that maintenance is restricted to only these three items. But such is not the cast and it would be wrong to hold that maintenance consists only of the above as is clear from the use of the words "such as ' in the description given in al-Hidayah. The items considered to constitute necessaries of life must naturally differ with a country, social status, and way of life of different people and would also change with the change of times.

WHEN MAINTENANCE IS DUE

A wife shall be entitled to be maintained by her husband only when she has been lawfully married to him. If the marriage is batil (void) or fasid (irregular), then she shall not be entitled to receive any maintenance from him. She shall not, however, lose her right to maintenance if the irregularity consists merely of the absence of witnesses at the time of her marriage. The following classes of women are entitled to maintenance from the husband:
  1. Women lawfully married to a man. Hence a woman shall not be entitled to maintenance when the marriage is batil or fasid.
  2. A divorcee, during the period of her iddaht irrespective of the fact whether the divorce is revocable or irrevocable.
  3. An expectant mother till the time of delivery.

MAINTENANCE WHEN NOT DUE

A wife shall not be entitled to maintenance, under the following circumstances:
  1. When intimacy with her is not possible on account of her:
    1. Tender age
    2. Illness
  2. When the wife apostatizes, if she has been sent to jail. If she is living with her husband then she shall be entitled to maintenance even on apostasy.
  3. When the wife is refractory or unsubmissive, and,
  4. When the wife becomes a widow.

MUSLIM FAMILY LAW ORDINANCE

 There is a provision in the Muslim Family Law Ordinance 1961:
  1. If any husband fails to maintain his wife adequately, or where there are more wives than one, fails to maintain them equitably, the wife, or all or any of the wives, may in addition to seeking, any other legal remedy available apply to the Chairman who shall constitute an Arbitration Council to determine the matter, and the Arbitration Council may issue a certificate specifying the amount which shall be paid as maintenance by the husband.
  2. A husband or wife may, in the prescribed manner, within the prescribed period, and on payment of the prescribed fee, prefer an application for revision of the certificate, to the Sub-Divisional Officer concerned and his decision shall be final and shall not be called in question in any Court.
  3. Any amount payable under subsection (1) or (2), if not paid in due time, shall he recoverable as arrears of land revenue.

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