Maintenance Of Children

QUESTION:

When the Shar’i right of a mother having custody of her children falls away, but she refuses to hand custody over to the father, is the father still liable to maintain the children?

ANSWER:

The maintenance of children is the responsibility of the father, irrespective of whether the children are in his care or not.

نَفَقَةُ الْأَوْلَادِ الصِّغَارِ عَلَى الْأَبِ لَا يُشَارِكُهُ فِيهَا أَحَدٌ كَذَا فِي الْجَوْهَرَةِ النَّيِّرَةِ

(الفتاوى الهندية 1/560)

ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST!

ANSWERED BY:

Mufti Muhammad Isa Ali

Date: 08 Rabi-ul-Awwal 1447 / 01 September 2025

CHECKED AND APPROVED BY:

Mufti Yacoob Vally Saheb