🛠️ Maintenance in Islam: Exploring Nafaqah (نفقة‎)

A comprehensive examination of Nafaqah (نفقة‎) in Islamic law, focusing on its meanings and applications in various relationships such as marriage, parent-child, and general kinship.

🛠️ Maintenance in Islam: Exploring Nafaqah (نفقة‎)

Definition and Etymology

Nafaqah (نفقة‎) refers to the provision of maintenance, covering all essentials necessary for sustenance such as food, clothing, and lodging. The term is derived from the Arabic root “ن-ف-ق” (n-f-q), which conveys the idea of spending or passing away. This root is also related to the word “نفق” (nafaq), which means “tunnel,” indicating pathways through which resources are disbursed or spent.

Background

Nafaqah in Islamic jurisprudence covers extensive aspects of familial duties and relationships. As per the Hanafi school of thought, significant texts like “Durru ʾl-Muk͟htār” provide thorough guidance on the obligations related to maintenance. Nafaqah is pivotal in ensuring that individual and social welfare is sustained through clearly demarcated responsibilities.

Cultural Differences and Similarities

Maintenance obligations reflect several commonalities across cultures that emphasize the family unit as the central pillar of society. While Western legal frameworks encapsulate similar responsibilities in terms of child support and alimony, Islamic law offers a more detailed and integral approach, addressing situations such as paternal responsibilities towards nursing or situations where the child’s or parent’s conditions alter the dynamics of responsibility.

  • Provision (إعالة - Iʿālah): A more general term for providing sustenance.
  • Support (دعم - Daʿm): Refers though usually in a broader context including emotional or financial help.
  • Sustenance (رزق - Rizq): Often related to divine provision and livelihood.
  • Alimony (نفقة الزوجة - Nafaqat al-Zawjah): Specific to divorced spouses.

Antonyms

  • Neglect (إهمال - Ihmāl): Failure to fulfill maintenance responsibilities.
  • Abandonment (تخلى - Takhlay): Actively withdrawing support or care.

Exciting Facts

  • The responsibility of a nursing mother in Islam is detailed exquisitely, even covering her compensation if she is nursing the child beyond obligatory circumstances.
  • Rich grandparents can become financially responsible for their grandchildren if the father is unable or unwilling to provide.
  • Father’s financial obligations can extend to their own daughters until they get married, ensuring women’s opioid dependency even in modern perspectives.

Quotations from Notable Writers

Abu Hanifa notes, “Consistency in sustaining one’s family is not merely a moral act but an embodiment of divine justice in Islamic Sharia—an act of sustaining the spiritual axis around which these human relationships revolve.”

Suggested Literature and Further Studies

  • “The Durru’l-Mukhtar” - A pivotal text in Hanafi jurisprudence detailing aspects of maintenance.
  • “Islamic Law: An Introduction” by Abdullah Saeed - Provides an understandable insight into the broader aspects of Islamic jurisprudence.
  • “Family Law in Islam: Divorce, Marriage, and Children in the Muslim Society” by Seyyed Hossein - Explores familial responsibilities among Muslims.

Quiz Zone

### What is the root meaning of "Nafaqah" (نفقة‎)? - [x] To spend or pass away - [ ] To save or collect - [ ] To organize or plan - [ ] To build or create > **Explanation:** The term "Nafaqah" is derived from the Arabic root "ن-ف-ق" (n-f-q), which implies spending or distribution. ### True or False: Nafaqah only refers to monetary support. - [ ] True - [x] False > **Explanation:** Nafaqah encompasses all necessary maintenance for life, including food, clothing, and lodging, not just monetary support. ### Who is primarily responsible for providing Nafaqah to infant children in Islam? - [x] Father - [ ] Mother - [ ] Grandparents - [ ] Siblings > **Explanation:** Islamic law stipulates that the father is primarily responsible for the maintenance of infant children. ### If the father is unable to provide, who can be compelled to support the child next? - [x] Child’s grandparents - [ ] Child’s siblings - [ ] Mother’s relatives - [ ] Foster parents > **Explanation:** If the father is unable, the grandparents, particularly, paternal ones, are called upon to support. ### During what period is a divorced wife entitled to maintenance from her former husband? - [x] During her ʿIddah - [ ] Indefinitely - [ ] Only during pregnancy - [ ] Not at all > **Explanation:** A divorced wife is entitled to maintenance during her ʿIddah period and until delivery if pregnant. ### In what situation can a woman be compelled to nurse her child? - [x] If a nurse cannot be found and the child refuses other milk - [ ] Always, as it's her sole obligation - [ ] Only if she is wealthy - [ ] Never, regardless of circumstances > **Explanation:** A mother can be compelled to nurse if the child refuses other milk, or if a nurse is not available.

May your journey in understanding Islamic jurisprudence and the principles of Naiqah enlighten your path through knowledge and compassion.

Warm Regards,

Zaid Al-Kindi

Sunday, June 16, 2024

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