Source Attribution
This excerpt is taken from the book Aḥkām wa Masā’il in the Light of the Qur’an and Sunnah by Shaykh Mubashir Ahmad Rabbani.
Amīr al-Mu’minīn in Hadith, Imām al-Bukhārī رحمه الله, established a chapter in his Ṣaḥīḥ stating that maintenance and expenditure upon one’s family and dependents is obligatory upon a man. As evidence, he cited the ḥadīth narrated by Abū Hurairah رضي الله عنه, in which the Messenger of Allah ﷺ said:
أفضل الصدقة ما ترك غنى واليد العليا خير من اليد السفلى وابدأ بمن تعول
Translation:
“The best charity is that which is given out of surplus wealth. The upper hand is better than the lower hand, and begin with those whom you are responsible to support.”
Thereafter, Abū Hurairah رضي الله عنه said:
تقول المرأة إما أن تطعمني وإما أن تطلقني ويقول العبد أطعمني واستعملني ويقول الابن أطعمني إلى من تدعني
Translation:
“The woman says: Either feed me or divorce me. The servant says: Feed me and employ me. And the son says: Feed me; to whom will you leave me?”
From this ḥadīth it is understood that the maintenance of minor children is the responsibility of the father, provided he is capable of bearing it. This obligation remains upon the father until the son reaches puberty and the daughter gets married. This is the position of the majority of Imāms and scholars of ḥadīth.
Ḥāfiẓ Ibn Ḥajar al-ʿAsqalānī رحمه الله states:
وذهب الجمهور إلى أن الواجب أن ينفق عليهم حتى يبلغ الذكر أو تزوج الأنثى ثم لا نفقة على الأب إلا أن كانوا زمنى فإن كانت لهم أموال فلا وجوب على الأب
Translation:
“The majority of scholars hold that it is obligatory upon the father to spend on his children until the male reaches puberty and the female gets married. After that, there is no obligation of maintenance upon the father, unless the children are disabled. And if the children possess wealth of their own, then maintenance is not obligatory upon the father.”
Therefore, if a father does not pay the maintenance of his minor children, he will be a severe sinner. However, due to his failure to pay maintenance, the court cannot prevent him from meeting his daughter nor issue such an order, because just as the mother has the right to meet the child, the father also has this right granted by Allah Almighty.
Allah the Exalted says:
﴿وَلَا تُضَارَّ وَالِدَةٌ بِوَلَدِهَا وَلَا مَوْلُودٌ لَهُ بِوَلَدِهِ﴾
Translation:
“No mother should be harmed because of her child, nor should a father be harmed because of his child.”
And if the court has ordered maintenance in accordance with the father’s financial capacity, then the court may compel the father to pay that maintenance. Otherwise, it may not.
This excerpt is taken from the book Aḥkām wa Masā’il in the Light of the Qur’an and Sunnah by Shaykh Mubashir Ahmad Rabbani.
❖ Question:
In the case of separation between parents, if the court has fixed maintenance for a minor daughter which the father can easily afford but refuses to pay out of stubbornness, can the court, due to this attitude of the father, order that he should not be allowed to meet his minor daughter? And can the court compel the father to pay the maintenance if he fails to do so, especially when the father has transferred his property elsewhere after the court fixed the maintenance? Please explain the Shar‘i rulings and earn reward from Allah.✿ Answer:
In the described and mentioned situation, the maintenance of the minor daughter is obligatory and binding upon the father. From a Shar‘i perspective, the father is obligated to bear the expenses of his daughter, whether the child resides with her mother or with her father.Amīr al-Mu’minīn in Hadith, Imām al-Bukhārī رحمه الله, established a chapter in his Ṣaḥīḥ stating that maintenance and expenditure upon one’s family and dependents is obligatory upon a man. As evidence, he cited the ḥadīth narrated by Abū Hurairah رضي الله عنه, in which the Messenger of Allah ﷺ said:
أفضل الصدقة ما ترك غنى واليد العليا خير من اليد السفلى وابدأ بمن تعول
Translation:
“The best charity is that which is given out of surplus wealth. The upper hand is better than the lower hand, and begin with those whom you are responsible to support.”
Reference: Ṣaḥīḥ al-Bukhārī: 5355
Thereafter, Abū Hurairah رضي الله عنه said:
تقول المرأة إما أن تطعمني وإما أن تطلقني ويقول العبد أطعمني واستعملني ويقول الابن أطعمني إلى من تدعني
Translation:
“The woman says: Either feed me or divorce me. The servant says: Feed me and employ me. And the son says: Feed me; to whom will you leave me?”
Reference: Ṣaḥīḥ al-Bukhārī: 5355
From this ḥadīth it is understood that the maintenance of minor children is the responsibility of the father, provided he is capable of bearing it. This obligation remains upon the father until the son reaches puberty and the daughter gets married. This is the position of the majority of Imāms and scholars of ḥadīth.
Ḥāfiẓ Ibn Ḥajar al-ʿAsqalānī رحمه الله states:
وذهب الجمهور إلى أن الواجب أن ينفق عليهم حتى يبلغ الذكر أو تزوج الأنثى ثم لا نفقة على الأب إلا أن كانوا زمنى فإن كانت لهم أموال فلا وجوب على الأب
Translation:
“The majority of scholars hold that it is obligatory upon the father to spend on his children until the male reaches puberty and the female gets married. After that, there is no obligation of maintenance upon the father, unless the children are disabled. And if the children possess wealth of their own, then maintenance is not obligatory upon the father.”
Reference: Fatḥ al-Bārī: 9/501
Therefore, if a father does not pay the maintenance of his minor children, he will be a severe sinner. However, due to his failure to pay maintenance, the court cannot prevent him from meeting his daughter nor issue such an order, because just as the mother has the right to meet the child, the father also has this right granted by Allah Almighty.
Allah the Exalted says:
﴿وَلَا تُضَارَّ وَالِدَةٌ بِوَلَدِهَا وَلَا مَوْلُودٌ لَهُ بِوَلَدِهِ﴾
Translation:
“No mother should be harmed because of her child, nor should a father be harmed because of his child.”
Reference: Al-Baqarah: 232
And if the court has ordered maintenance in accordance with the father’s financial capacity, then the court may compel the father to pay that maintenance. Otherwise, it may not.
