The husband is obligated to provide maintenance for his wife
The evidences are as follows:
➊ لِيُنفِقْ ذُو سَعَةٍ مِّن سَعَتِهِ ۖ وَمَن قُدِرَ عَلَيْهِ رِزْقُهُ فَلْيُنفِقْ مِمَّا آتَاهُ اللَّهُ ۚ لَا يُكَلِّفُ اللَّهُ نَفْسًا إِلَّا مَا آتَاهَا [al-Talaq: 7]
“The one of wealth should spend from his wealth, and the one whose provision has been restricted should spend from what Allah has given him. Allah does not burden a soul beyond what He has given it.”
➋ وَارْزُقُوهُمْ فِيهَا وَاكْسُوهُمْ [al-Nisa: 5]
“Provide for them from that wealth, feed them and clothe them.”
➌ It is narrated from Hadrat Jabir (may Allah be pleased with him) that the Messenger of Allah ﷺ said:
ولهن عليكم رزقهن وكسوتهن بالمعروف
“It is obligatory upon you to feed and clothe them in a fair manner.”
[Muslim: 1218, Kitab al-Hajj: Chapter on the Hajj of the Prophet]
➍ It is narrated from Hadrat Amr ibn al-Ahwas (may Allah be pleased with him) that the Messenger of Allah ﷺ said:
ألا وحقهن عليكم أن تحسنوا إليهن فى كسوتهن وطعامهن
“Beware! The right of women over you is that you be kind to them in providing them clothing and food.”
[Hasan: Sahih Ibn Majah: 1501, Irwa al-Ghalil: 1997, Tirmidhi: 1163, Kitab al-Radaa: Chapter on what has come concerning the right of a woman over her husband, Ahmad: 426/3, Abu Dawud: 3334, Ibn Majah: 1851]
➎ Hadrat Hind bint Utbah (may Allah be pleased with her), the wife of Abu Sufyan, came to the Messenger of Allah ﷺ and said: O Messenger of Allah! Abu Sufyan is a stingy man. He does not give me enough spending to suffice me and my children, unless I take secretly something from him. Will there be any sin upon me for doing that? He ﷺ said:
حذى ما يكفيك وولدك بالمعروف
“Take from his wealth in a fair manner what suffices you and your children.”
[Bukhari: 2211, Kitab al-Buyu: Chapter on whoever decides the affairs of the cities according to what they know among themselves, Muslim: 1714, Abu Dawud: 2532, Nasa’i: 246/8, Ibn Majah: 2293, Darimi: 159/2]
➏ The scholars have agreed that a wife’s maintenance is obligatory upon her husband.
[Mawsu’ah al-Ijma’ fi al-Fiqh al-Islami: 1059/2, al-Mughni: 348/11, Nayl al-Awtar: 425/4]
(Ibn al-Qayyim (may Allah have mercy on him)) The following rulings are derived from the hadith of Hind bint Utbah:
➊ The amount of the wife’s maintenance is not fixed (because the Prophet ﷺ said “what suffices you”).
➋ The wife’s maintenance is also of the same kind as the children’s; both are paid in a fair manner.
➌ The father alone is responsible for the children’s maintenance.
➍ If the husband and father do not pay the maintenance obligatory upon them, it is permissible for the wife and children to take from their wealth in a fair manner as much as suffices them.
➎ If the woman can take sufficient maintenance from her husband’s wealth, then there is no justification for her to seek annulment of the marriage.
➏ Among obligatory rights, where Allah and His Messenger have not fixed the amount, custom will be taken into account.
➐ Whoever withholds a right that is owed (by another) upon himself, and the proof is clear, it is permissible for the one entitled to it to take it with his own hand, provided he is able to do so, as the Prophet ﷺ gave this ruling to Hind (may Allah be pleased with her).
[A’lam al-Muwaqqi’in: 358/4 – 359]
How much maintenance is obligatory?
Although jurists have differed on this, the preferred view is that the amount of maintenance is not fixed; rather, the husband is obligated to provide, in a fair manner, as much as suffices the wife and children, as in the hadith of Hind (may Allah be pleased with her), where the Prophet ﷺ said:
خذى ما يكفيك وولدك بالمعروف
“Take from his wealth in a fair manner as much as suffices you and your children.”
If the amount of maintenance were fixed, it would be oppression, because it never happens that everyone needs the same amount of spending. Rather, certainly some need more food and some less, some need more clothing and some less, some eat twice a day and some three times, and some are treated with inexpensive medicines while others with expensive medicines. Therefore, it is obligatory to provide each person with as much as they need and as much as suffices them.
(Ibn Qudamah (may Allah have mercy on him)) Maintenance is with sufficiency (i.e., only what suffices is obligatory).
(The majority) They hold this view.
[al-Mughni: 349/11, Nayl al-Awtar: 477/4]
(Shafi’i (may Allah have mercy on him)) Two mudd daily is obligatory upon the wealthy, one and a half mudd upon the middle-income, and one mudd upon the poor (according to one narration, this is also the position of Imam Malik (may Allah have mercy on him)).
[al-Umm: 130/5]
(Shawkani (may Allah have mercy on him)) The hadith of Hind is a proof against them (i.e., Imam Shafi’i (may Allah have mercy on him)).
[Nayl al-Awtar: 428/4]
(Nawawi (may Allah have mercy on him)) He too has acknowledged this.
[Sharh Muslim: 249/6]
The husband’s circumstances will also be taken into account in maintenance
That is, maintenance is obligatory upon him to the extent of his capacity, as the Qur’an says:
لِيُنفِقْ ذُو سَعَةٍ مِّن سَعَتِهِ ۖ وَمَن قُدِرَ عَلَيْهِ رِزْقُهُ فَلْيُنفِقْ مِمَّا آتَاهُ اللَّهُ ۚ لَا يُكَلِّفُ اللَّهُ نَفْسًا إِلَّا مَا آتَاهَا [al-Talaq: 7]
“The one of wealth should spend from his wealth, and the one whose provision has been restricted should spend from what Allah has given him.”
And the Messenger of Allah ﷺ said:
تطعمها إذا طعمت وتكسوها إذا اكتسيت
“(The woman’s right is that) when you eat, you feed her, and when you clothe yourself, you clothe her.”
[Hasan Sahih: Sahih Abu Dawud: 1875, Kitab al-Nikah: Chapter on the right of a woman over her husband, Abu Dawud: 2142, Ibn Majah: 1850, Ibn Hibban: 4175]
(Ibn Qudamah (may Allah have mercy on him)) He too holds this view.
[al-Mughni: 352/11]
