In Islamic jurisprudence, maintenance is known as Nafaqa. It refers to the legal obligation of a person to provide the essential requirements of life to their family. This article explains the principles of Nafaqa (maintenance) under classical Muslim Personal Law while examining its interaction with modern statutory frameworks such as the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and related judicial developments in India.

Qur’anic Foundation of Nafaqa

The obligation of Nafaqa (maintenance) finds clear support in the Qur’an. Verse 2:233 emphasizes that fathers must provide for mothers in a fair and reasonable manner, reflecting justice and responsibility within the family. Likewise, 65:7 instructs that a man of means should spend according to his capacity, while one with limited resources should spend within what Allah has given him—establishing that maintenance must be guided by fairness, compassion, and financial ability.

1. What is Nafaqa?

Literally, Nafaqa means “what a person spends on their family.” Legally, it covers three fundamental necessities:

• Food
• Clothing
• Lodging (Housing)

Under Muslim law, a person is generally entitled to Nafaqa only if they lack the property or means to support themselves.

2. Maintenance for the Wife

A husband’s duty to maintain his wife is a fundamental marital obligation, subject to the validity of marriage and the wife’s entitlement under Islamic law. Even if the wife is wealthy and can support herself, the husband is legally bound to provide for her, provided the marriage is valid.

Key Rules for Wives:

• Matrimonial Duties: A wife remains entitled to Nafaqa so long as she does not, without lawful justification, withdraw from cohabitation or refuse core marital obligations recognized by law. If she leaves without a valid reason, she may lose her right to maintenance.
• Health and Age: If a wife cannot fulfill certain duties due to old age or illness, she is still entitled to maintenance.
• Minor Husband: Even where the husband is a minor and incapable of maintaining his wife, classical jurists have discussed the liability of his estate or guardian depending on the applicable school of law and circumstances.
• Divorce & Iddat: A divorced woman is entitled to maintenance during her Iddat period (usually three menstrual cycles or until delivery if pregnant).

Note: If a husband does not inform his wife of the divorce, he must continue to pay maintenance until she is officially notified.

3. Maintenance for Children

A father is responsible for the maintenance of his children based on these criteria:

• Sons: generally, until majority, though classical juristic rules often tied maintenance to dependency, capacity to earn, or puberty.
• Unmarried Daughters: Until they get married.
• Disabled/Major Children: If a grown son or married daughter is disabled or lacks the means to support themselves, the father remains responsible.

Differences in Schools of Thought:

Juristic schools differ regarding the order of relatives liable to maintain children when the father lacks means, with some prioritizing the mother and others extending responsibility to paternal ascendants or kindred.

4. Maintenance for Parents and Relatives

Islamic law places a high moral and legal value on caring for parents (necessitous parents).

• Condition of Wealth: Children are only bound to maintain parents if the children are in “easy circumstances” (financially stable) and the parents are poor.
• Equal Responsibility: Both sons and daughters share the duty to support their parents equally.
• Priority: If a child can only support one parent, the mother takes priority over the father.
• Grandparents: Grandchildren must support grandparents if the grandparents’ own children are deceased or unable to help.

5. Landmark Court Rulings and Statutory Law

In India, Muslim Personal Law often intersects with secular laws like the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the Muslim Women (Protection of Rights on Divorce) Act, 1986.

Important Legal Milestones:

6. When is Maintenance Denied?

A woman may lose her right to Nafaqa if:

• She has not reached puberty (since maintenance is linked to marital cohabitation).
• She abandons her husband’s home without lawful cause.
• She commits serious marital misconduct—such as unjustified desertion, an illicit relationship, or conduct amounting to legally recognized nushūz. This may suspend a wife’s entitlement to Nafaqa, subject to proof and applicable legal standards.
• She refuses reasonable marital obligations without justification.

Comparative Table Showing How Major Islamic Schools of Jurisprudence (Madhahib) Interpret the Denial of Maintenance (Nafaqa)

Tamkin means the wife making herself available for cohabitation and domestic harmony.

Nushūz refers to a serious breach of marital obligations by either spouse. For a wife, it typically involves unjustified defiance or desertion, leading to the suspension of maintenance (Nafaqa). For a husband, it entails neglect, cruelty, or desertion. Islamic law emphasizes reconciliation and arbitration to resolve such discord.

While the grounds for denial are broadly similar across schools, the Maliki school is often noted for being slightly more stringent regarding the proof required for nushūz, while the Shafi’i and Ja’fari schools place heavy emphasis on the physical capacity for intimacy as the primary trigger for maintenance obligations.

7. Conclusion

Muslim Personal Law emphasizes a husband’s duty of maintenance during marriage and throughout the iddat period. In contrast, the Indian legal framework — particularly under the BNSS — extends a broader safety net, ensuring that divorced women, dependent children, and elderly parents are not left vulnerable to destitution. This convergence reflects the Islamic spirit of social justice and family responsibility, while also aligning with constitutional commitments to equity and welfare.