Fatwa

Maintenance of children

Question

السلام عليكم ورحمة الله وبركاته
Molana, My wife and I recently got fully divorced and we have a daughter together aged 6
please give me the sharie guidance on the following points regarding custody and maintenance of the child.
1. When does the father get custody of a girl child.
2. To what extent should I give maintenance of the child.
3. If the mother wants to be extravagant on the spending on the child is it my responsibility.
4. Do I have to provide a diver and fuel as I didn’t do this when they lived with me.
5. If the mother is being negligent in regards to the up keep of the child what is the ruling
6. The mother has a history of misusing money am i within my rights to ask for a detailed expense report

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

1. At the age of 9.[1] However, it is necessary that visitation rights throughout childhood are agreed upon fairly. Failure to do proves detrimental to the child and one will also be answerable in the court of Allah.
2. Maintenance should cover all basic necessities as well as normal known and understood requirements of a child’s upbringing. This will include food, shelter, clothing, school/madrassah fees, medication when needed etc.[2]
3. The father’s duty is to provide adequately and sufficiently for his child. Extravagance is not necessary. As such, the mother cannot use the allocated funds irresponsibly.
4. If a driver is required to take the child to school and madrassah then one should be provided. However, if the household is such that many people drive, then keeping a driver will not be necessary. If any of the kin refuse to take the child where needed, then the father should cover their fuel expenses utilised in direct needs of the child such as school and madrassah.
5. The mother should be reminded by her seniors of her duty towards her child. If she is negligent to the extent that it is harmful for the child, then the same seniors should evaluate the situation and see what the is best action to take. The well-being of the child is priority, not personal egos.
6. The father can ask for a breakdown of major expenses incurred during the month. It is not practical to ask for account of each penny. One can ask for a general breakdown at the end of each month or week. The other parties should also be cognizant of the fact that these funds are an amaanah in their hands. As such, misuse is a major sin and one will have to answer for it in the hereafter. The father will have a general idea of how much is spent monthly on the child as the father would have been providing for the child when the couple was still together.

And Allah Ta’āla Knows Best

Mufti Bilal Pandor

Concurred by
Mufti Muhammad Patel

Darul Iftaa Mahmudiyyah
Lusaka, Zambia

www.daruliftaazambia.com

 [1]فتاوى محمودية ج13 ص 568

 [2]فتاوى محمودية ج 13 ص 467