Nafaqah
Definition
Nafaqah (Arabic: نَفَقَة, Turkish: nafaka) constitutes the financial obligation of a husband toward his wife during marriage and for a specified period following a divorce. This obligation encompasses the provision of housing, clothing, food, and other customary living expenses.
Etymology
The term “Nafaqah” is derived from the Arabic root نفق (nafaqa), commonly meaning “to spend” or “expenditure.” The conceptual framework underlying nafaqah centers on the husband’s duty to ensure the well-being of his spouse and immediate family members through financial support.
Financial Obligations in Marriage
During marriage, a husband’s financial duties include providing:
- Housing: Accommodation consistent with the wife’s social status or mutual agreement.
- Food and Clothing: Basic sustenance and attire appropriate to the wife’s standards of living.
- Medical Expenses: Typically, the husband is responsible for his wife’s medical needs. Islamic legal schools, however, exhibit variation in the specifics of this obligation.
In certain socio-cultural contexts and agreements, nafaqah may also extend to:
- Servants: Provision for domestic help if it aligns with the wife’s social standing.
- Customary Living Standards: Maintenance of a lifestyle consistent with that of the wife’s peers.
Nafaqah Following Divorce
Post-divorce nafaqah applies particularly during the period known as “Iddah” (Arabic: عدة), generally lasting three months. During iddah:
- The former husband is obliged to continue financial support for the wife.
- The wife retains residency in her marital home.
- The iddah period oversees the resolution of possible pregnancy and allows time for potential marital reconciliation.
Additional Family Support
Beyond the immediate marital relationship, nafaqah can include financial support for family members incapable of self-sustenance:
- Parents (father and mother)
- Siblings (sisters and brothers)
- Children
Legal Schools and Variation
Islamic legal schools – Hanafi, Shafi’i, Maliki, and Hanbali – exhibit nuanced differences regarding the specifics of nafaqah, especially concerning the treatment of medical expenses and support for extended family members.
Suggested Books for Further Study
For readers interested in a more profound understanding of nafaqah and related Islamic legal principles, consider the following texts:
- “Islamic Family Law” edited by Chibli Mallat and Jane Connors
- “The Islamic Marriage Contract: Case Studies in Islamic Family Law” edited by Asifa Quraishi and Frank E. Vogel
- “Women and Shari’a Law: The Impact of Legal Pluralism in the UK” by Elham Manea
Takeaways
- Nafaqah underscores the financial responsibilities grounded in Islamic marital ethics and legal framework.
- These obligations significantly impact the lived experiences of Muslim women, both within marriage and after divorce.
- Given the diversity in Islamic jurisprudence, specific applications of nafaqah can vary among different cultural and legal contexts.
Conclusion
Nafaqah represents a crucial element within Islamic jurisprudence, reflecting the expected financial stewardship of a husband towards his wife and, by extension, other dependent family members. This legal and ethical duty extends across one’s marital life and holds continuing significance even in the period following a divorce.
