Maintenance Of Children

According to Shari’ah, the responsibility of maintenance is upon the father, thus the father will be responsible for the maintenance of his four minor children. The jurists have further mentioned that the father should independently fulfill these needs without anyone partnering him in his responsibility.

This brings us to the conclusion that the father (of the children) cannot impose upon the mother to maintain the children simply on the basis that she is employed. If any family members have assisted the father to maintain his children in the past on his instructions (due to his inability of fulfilling his responsibility) then they are entitled to claim back such funds, as the responsibility of maintenance lies solely upon the father.

However, if assistance was offered without being instructed by the father then such assistance will be considered to be carried out voluntarily and cannot be reclaimed.

The father will be responsible for medical expenses (if the children have to visit doctors, dentists, opticians, etc.), as well as medication, transport, clothing, food, shelter and education (Islamic and secular), etc.He will be responsible for all medical expenses as explained above but is not obligated to subscribe to a medical aid plan.

As for various forms of extra sporting activities such as cricket, soccer, tennis, etc. these fall in the category of luxuries for which the father cannot be held liable. He is required to attend to the basic needs and necessities of the children as explained above.