Introduction<\/h2>\n\n\n\n
The third part of the Minhaj<\/em> closes with the Book of Maintenance (Kitab al-Nafaqat<\/em>), which also includes the rules of child custody (hadanah<\/em>). After the books on marriage and its ending, this book answers a practical question: who is responsible for supporting whom, and who looks after the children when the family is divided? The two subjects belong together because both concern the material and personal care that family members owe one another, and because both continue to matter after a marriage has ended.<\/p>\n\n\n\n The sources are clear. The Qur’an states that the father is responsible for providing the mother of his children with food and clothing in a reasonable manner, and that no one is to be burdened beyond his capacity. The tradition also records the case of Hind, the wife of Abu Sufyan, who complained to the Prophet that her husband was stingy. He told her to take from his wealth what was sufficient for her and her child, in a reasonable manner. This article follows the main themes of the book in the general order of the Minhaj<\/em>.<\/p>\n\n\n\n The husband is obliged to support his wife. The obligation begins when she makes herself available to him, in the sense that she lives with him or is ready to do so, and she is capable of marital life. If the husband prevents the consummation or the wife is not yet able, the school discusses how this affects the obligation.<\/p>\n\n\n\n The book lists what the maintenance includes. It covers:<\/p>\n\n\n\n The standard is the husband’s means. A wealthy husband provides more, and a poor husband less, as the Qur’an says that the one with wealth should spend from his wealth, and the one whose provision is restricted should spend from what God has given him.<\/p>\n\n\n\n The school states that the wife loses her right to maintenance if she is disobedient (nashiz<\/em>), meaning that she refuses to live with her husband without a valid reason, or leaves the house without his permission and without a legitimate need. This reflects the principle that maintenance is in exchange for the husband’s marital right. Valid reasons for leaving include injury, illness, or the husband’s own wrongdoing. The book states that the right is restored when she returns to obedience. A woman who is in her waiting period has her own rules for housing and maintenance, which appeared in the Book of the Waiting Period.<\/p>\n\n\n\n A hard question is what to do if the husband is unable to provide maintenance. The school’s position, as presented in the Minhaj<\/em>, is that the wife may ask the judge to end the marriage after a period, if the husband cannot supply the basic necessities of food, clothing, or housing, since their absence may cause serious harm. The book sets out the conditions and the length of delay. The debt for unpaid maintenance remains on the husband, and the wife may claim it when he has the means.<\/p>\n\n\n\n The book moves from the spouse to other relatives. The school holds that a person must provide for his parents and grandparents, and for his children and grandchildren, when they are in need and unable to support themselves. A person is not required to support his siblings or other relatives, according to the school’s relied-upon position. The conditions are that the one who spends has surplus beyond his own needs and the needs of his wife, and that the recipient is poor and cannot earn. The tradition’s teaching that a person’s children are among the best of his earnings is the background for the rule that a parent may be maintained by the child.<\/p>\n\n\n\n The maintenance of a young child falls on the father. If the father is poor or dead, the obligation passes to the paternal grandfather, according to the school’s order. If the child has property, it is to be spent from it first.<\/p>\n\n\n\n The book also includes rules on feeding the animals that a person owns, and those on the care of servants and slaves, which reflect the classical social setting. The school holds that a person who owns an animal must feed it and must not overburden it, and the Prophet’s warnings about those who neglect animals are cited. If an owner refuses to feed an animal, the judge may compel him to feed it, sell it, or release it.<\/p>\n\n\n\n The second major subject of the book is custody. Hadanah<\/em> refers to the care and upbringing of a child who is not yet able to manage his own affairs, including feeding, cleaning, and protecting him. It is regarded as a duty, because the child’s well-being depends on it, and the school says that it is the right of the person who has it, as well as an obligation.<\/p>\n\n\n\n The book states who has priority. The mother is first, since she is the most compassionate and best able to care for a young child. A report states that a divorced mother said that her womb had held her child, and the Prophet told her that she had more right to him as long as she did not remarry. After the mother come the women of her line, beginning with the maternal grandmother, and then the women on the father’s side, in an order that the book sets out. Then come the male relatives in the order of the father’s line.<\/p>\n\n\n\n The person who has custody must meet certain conditions. The school requires that the person be mature, sane, trustworthy, and capable of caring for the child, and not be afflicted by a serious illness that prevents it. For a Muslim child, the custodian should also be Muslim, to protect the child’s religion. A mother who marries a man who is not related to the child loses her priority while the marriage lasts, since her time is taken up by the new marriage, as the report indicates. If the new husband is a relative of the child with a right of care, such as the child’s uncle, the school discusses whether the priority is retained. The custodian must also have a stable residence.<\/p>\n\n\n\n The school holds that when a child reaches the age of discernment, usually around seven or eight, he is given a choice between his parents, if both are qualified, and he lives with the one he prefers. This follows a report in which the Prophet allowed a child to choose between his father and his mother. The book explains the exceptions, such as when the child’s choice appears to be influenced by a wish to play rather than a real preference, or when one of the parents is clearly better placed to care for him.<\/p>\n\n\n\n The book also addresses what happens if one parent wishes to move to a distant place. In general, the child remains with the parent who stays, if the move is for permanent residence and the journey is not a short one, so that the child’s relations with the other parent and his upbringing are not disrupted. The school gives conditions, including the safety of the route and the place.<\/p>\n\n\n\n The father is responsible for the cost of the child’s maintenance, and for the cost of nursing if the mother asks to be paid for it, as the Qur’an states. The mother who has custody may claim the expenses of caring for the child from the father if the matter is dealt with by agreement or by the judge. If the father is unable, the obligation passes in the manner described above.<\/p>\n\n\n\n The book begins with the husband and wife, since the marriage is the origin of the family and its obligations. It then moves outward to the relatives, and then to animals and others in one’s care. It ends with the custody of children, which follows from the maintenance of children. This order reflects the widening circle of responsibility, from the spouse to the relatives to the wider range of dependents, and it brings the third part of the Minhaj<\/em> to a close, having followed the family from its formation to its dissolution and its continuing duties.<\/p>\n\n\n\n For al-Nawawi, the law of maintenance and custody shows the family as a network of duties, grounded in compassion and fairness. The standards of reasonableness and means keep the obligations realistic, and the priority given to the child’s welfare in matters of custody reflects the tradition’s view that the weakest members of the household have the strongest claims. With this book the third part ends, and the fourth part turns from the family to the wider questions of crime and justice.<\/p>\n\n\n\n Note: This article summarizes the general Shafi’i position as presented in Minhaj al-Talibin. Details, including the amounts of maintenance, the order of custodians, and the child’s choice, differ among the schools and can vary between editions and commentaries. Family matters are also regulated by national laws, and courts focus on the child’s best interests, so readers who need a precise ruling should consult a qualified teacher or scholar.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":" Part 3: Family Law (Munakahat) – Maintenance (Nafaqat) and child custody (Hadanah) Part of a series on the structure of<\/p>\n","protected":false},"author":1,"featured_media":274,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"colormag_page_container_layout":"default_layout","colormag_page_sidebar_layout":"default_layout","video_url":"","footnotes":""},"categories":[11],"tags":[69,12,100,15,14,99],"class_list":["post-272","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-part-3-family-law-munakahat","tag-family-law-munakahat","tag-fiqh","tag-hadanah","tag-imam-al-nawawi","tag-minhaj-al-thalibin","tag-nafaqat"],"_links":{"self":[{"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/posts\/272","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/comments?post=272"}],"version-history":[{"count":1,"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/posts\/272\/revisions"}],"predecessor-version":[{"id":275,"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/posts\/272\/revisions\/275"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/media\/274"}],"wp:attachment":[{"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/media?parent=272"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/categories?post=272"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lslam.info\/en\/wp-json\/wp\/v2\/tags?post=272"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}1. The wife’s maintenance<\/h2>\n\n\n\n
\n
2. When maintenance is lost or reduced<\/h2>\n\n\n\n
3. The husband who cannot provide<\/h2>\n\n\n\n
4. Maintenance of relatives<\/h2>\n\n\n\n
5. Animals and dependents<\/h2>\n\n\n\n
6. Custody of children (hadanah<\/em>)<\/h2>\n\n\n\n
![\"Custody](\"https:\/\/lslam.info\/wp-content\/uploads\/2026\/11\/Gemini_Generated_Image_o8r8h3o8r8h3o8r8-1024x559.jpg\")
<\/figure>\n\n\n\n7. The conditions for custody<\/h2>\n\n\n\n
8. The child’s choice and relocation<\/h2>\n\n\n\n
9. The cost of custody<\/h2>\n\n\n\n
Why the order matters<\/h2>\n\n\n\n
Closing reflection<\/h2>\n\n\n\n