Maintenance Of Children
Question
When the Shar’i right of a mother having custody of her children falls away, but she refuses to hand custody over to the father, is the father still liable to maintain the children?
Answer
The maintenance of children is the responsibility of the father, irrespective of whether the children are in his care or not.
References (Arabic / Urdu sources)
نَفَقَةُ الْأَوْلَادِ الصِّغَارِ عَلَى الْأَبِ لَا يُشَارِكُهُ فِيهَا أَحَدٌ كَذَا فِي الْجَوْهَرَةِ النَّيِّرَةِ
(الفتاوى الهندية 1/560)
- Answered by
- Mufti Muhammad Isa Ali
- Checked & approved by
- Mufti Yacoob Vally Saheb
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