Child Maintenance and Obligations



In the name of the Allah, The Beneficent, The Merciful

25th Shawwl 1431
6th August 2010

Obligations
The responsibility to provide food, raiment and lodging of a child without means, whether male or female,
rests solely upon the father. If the child has means i.e., the child owns property, whether goods and chattels
or whether real property, then the maintenance of the child will devolve first upon the childs own property.
The father may require that such property is sold to meet the maintenance requirements of the child before
he is obliged to meet the same.
In the case of a male child this obligation lasts until the child is able to provide for his own needs through his
own labour even if he is still a legal minor. The father can require that such child is set to work or is taught a
trade that will enable him to earn his own living. If the child cannot find employment, or is ably engaged in
worthwhile study, or is unable to earn because of a disability etc the father remains obliged to provide
maintenance for the child even if he has reached the age of legal majority.
In the case of a female child, this obligation lasts by default until she is married after which it devolves upon
her husband. However, if before marriage, she is able to earn a living in a safe and secure manner and
without breaking the rules of Sharah, such as rules related to hijb and seclusion with a non-mahram, then
the father can require her to earn her own living. However, the father will have to meet any shortfall, if any,
from what is deemed as sufficient for her maintenance.
Assessing the level of maintenance needed
When the father is required to meet the maintenance needs of his child the amount of maintenance payable
is based on what is sufficient to meet the basic food, raiment and lodging needs of the child. It is not based
on the ability of the father to pay and nor is it commensurate with his affluence. i.e., if the father is of little
means he must provide what is sufficient to meet the basic food, raiment and lodging needs of the child,
even if this requires that he must take out a loan to do so. Equally, if the father is affluent he is still only
required to provide what is sufficient to meet the basic food, raiment and lodging needs of the child. He is
not required to provide more than the basic level of need. This is in contrast to the maintenance that is
provided to a wife which is based on the social norms and financial position of both husband and wife.
A mother can validly come to an agreement with the father as to the sum due for the maintenance of their
child. Should the sum agreed upon exceed that which the child requires, the surplus need not be returned to
the father, but if the sum agreed upon is insufficient, the father must raise it to the necessary amount.

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Child Maintenance and Obligations

Impact of benefits or other income

There are principally three types of social security benefits that may be received.
Benefits that are received by an adult in their individual capacity. e.g., Job Seekers Allowance.
Benefits that are awarded to a parent/carer even if they are because of the child. e.g., Child Benefit,
Child Tax Credits.
Benefits that awarded to the child, even if they are deposited in to the account of the parent/carer.
e.g., Disability Living Allowance.
In light of the above, when a father is required by Sharah to provide maintenance for his child, this is only
to meet the basic food, raiment and lodging needs of the child. The child does not have any claim beyond
this basic level. Such maintenance is not means tested, i.e., is not based on the ability of the father to pay
and nor is it commensurate with his affluence.
If the child receives a social security benefit of which he/she is made owner, such as Disability Living
Allowance, or has other goods and chattels or real property, then the maintenance obligation will devolve
upon such benefit and property before the father.
If the mother is in receipt of Child Benefit, Child Tax Credits, Job Seekers Allowance or any other benefit of
which the mother is made owner, this will not diminish the fathers obligation to provide maintenance
where applicable.
If the mother and father come to an agreement as to the sum due for the maintenance of their child and the
sum agreed upon exceeds that which the child requires, the surplus need not be returned to the father, but if
the sum agreed upon is insufficient, the father must raise it to the necessary amount.
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Child Maintenance and Obligations

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And Allah knows best.
Mufti Mohammed Zubair Butt
Chair, Al-Qalam Shariah Panel

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