Does an Ex-Husband Have to Give Financial Support to Maintain His Children?
Answered by Mawlana Ilyas Patel
Question
As a backstory, I am a single mother. When we were still married, my ex-husband promised to send money every month to take care of our baby. He also promised he would give me a gift when he was born. We have a written contract for sending a fixed amount each month.
However, I have been waiting to receive this for over 6 months even though I am reminding him a lot to pay his debt. He has a high-income job. He says this does not count as debt.
He is, however, giving money to the organization which I got my apartment from. This is mandatory by law. My baby and I don’t get any support from him or his family.
Does this count as debt?
Answer
In the Name of Allah, the Most Merciful and Compassionate
I pray you are in good faith and health. Thank you for your question.
Yes, the basis is that the father is responsible for the financial support (nafaqa) of his children. This will count as a debt.
Allah Most High says, “and Clothing and maintenance must be borne by the father in a fair manner. ” [Quran, 2:233]
What is Financial Support (nafaqa)?
The required financial maintenance is that of food, clothing, and shelter, as is the case with all such support. It should be sufficient to fulfill their needs with the state of the father.
[Ibn ʿAbidin , Radd al-Muhtar]
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Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani
Mawlana Ilyas Patel is a traditionally-trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences. He currently resides in the UK with his wife. His interest is a love of books and gardening.
