Nafaqah in Islamic Law
Definition
Nafaqah (Arabic: نفقة, Turkish: Nafaka) is a term used in Islamic law to denote the obligations of financial support and maintenance. This encompasses essentials such as food, clothing, and shelter necessary for sustaining life. Although the term is sometimes restricted purely to food, Islamic jurisprudence broadly interprets it to include all life-sustaining necessities.
Etymology
The Arabic word Nafaqah (نفقة) is derived from the root word “نفق” which connotes expenditure or spending. This term is closely associated with maintaining dependents in compliance with Islamic legal and ethical mandates.
Causes of Maintenance
According to Islamic law, there are three primary causes that necessitate the provision of Nafaqah:
- Marriage: A husband must provide maintenance to his wife or wives, as long as they are not rebellious and have handed themselves over to his custody.
- Relationship: Relatives, especially direct descendants and ascendants, have a reciprocal obligation to support each other depending on their varying needs and financial statuses.
- Property: In cases concerning slaves, it is obligatory upon the owner to ensure their maintenance.
Legal Rulings on Maintenance
Spousal Obligations
- A husband must ensure his wife’s maintenance provided she is obedient and has surrendered herself to him.
- For an absent husband, maintenance can be decreed from his property, regardless of it being held in trust or deposit.
- In cases of poverty, the Qāẓī (judge) may direct the wife to procure necessary items on her husband’s credit, with the amount remaining a debt upon him.
- A divorced wife is entitled to full maintenance during her waiting period (ʿiddah) and till delivery if she is pregnant.
Parental Obligations
- A father is mandated to support his infant children unequivocally.
- A married mother is generally not compelled to nurse unless no other options are feasible, and she must nurse if the child refuses others’ milk.
- If both parents are indigent, the obligation rests on richer relatives, with the relationship delineating the order of responsibility.
Maintenance of Other Relatives
- Children to Parents: Children must maintain their poor parents regardless of the parents’ religion.
- Grandparents and Siblings: Maintenance is necessary for dependent grandparents and siblings depending on financial ability and inheritance rules.
Books for Further Studies
- “Al-Muhalla” by Ibn Hazm
- “Fiqh-us-Sunnah” by Sayyid Sabiq
- “Reliance of the Traveller” by Ahmad ibn Naqib al-Misri
- “Al-Hidayah” by Burhan al-Din al-Marghinani
Takeaways and Conclusion
Nafaqah reflects the depth of social responsibility emphasized in Islamic teachings, ensuring that dependents, whether they be spouses, children, parents, or relatives, are adequately provided for. This obligation highlights the ethical and social fabric interwoven into Islamic familial laws, emphasizing the righteousness of facilitating the welfare of the family unit. Understanding these responsibilities bridges cultural and religious practices with modern interpretations of familial duty.
In conclusion, Nafaqah in Islam serves as a robust guideline ensuring financial stability and mutual support within the family structure, contributing to the ethical fulfillment of social and familial obligations.
