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Nafaqah

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Nafaqah (Arabic: نَفَقَة), nafaqa or nafkah is the Islamic legal term for the financial support a husband must provide for his wife (during marriage and for a time after divorce) and children.

Under an Islamic marriage agreement, the husband is obliged to pay for his wife's housing (including furniture[1]), food and clothing in the course of their marriage.

The clothing consists of the following each year:[2]

  • Two dirs
    • Long shirt with an openable collar
    • Wool in winter
  • Two khimars
  • Two milhafas
    • Clothing a woman wears when she goes out
    • Ample and long coat
    • Silk in winter
  • Underpants
  • Thick coat
  • Bed
  • Blanket

He is generally also expected to pay for all her medical expenses, although schools of legal thought differ on this point.[3] The obligation to pay nafaqa starts as soon as the wife moves into the conjugal dwelling.[4] Depending on social class and agreement, nafaqah can also include support for the wife's family members or servants, so as to provide a living standard consistent with her peers.[5] In the event of divorce, the same mode of support is stipulated for three months afterwards. When a woman dies, her funeral expenses will be paid by her husband.[6]

The financial rights of children encompass the right to livelihood, property and inheritance. The Quran imposes an obligation on the father to financially support the breast-feeding mother for their child's welfare and well-being.[7] A son will be paid nafaqa until he reaches puberty. Daughters will be supported until they get married.[8] If a poor person earns only a bare pittance, it will not be fard for him to pay nafaqa to his poor father.

References

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  1. ^ Akgündüz, Ahmed (2017). Islâmic private law. Rotterdam: IUR Press. ISBN 978-9491898112.
  2. ^ Işık, Hüseyin Hilmi (2013-11-27). Seâdet-i Ebediyye Endless Bliss Sixth Fascicle. Hakikat Kitabevi.
  3. ^ The Oxford Dictionary of Islam. Oxford University Press. 15 May 2003. ISBN 978-0-19-512559-7.
  4. ^ Ferrari, Silvio; Bottoni, Rossella (2019-04-09). Routledge Handbook of Religious Laws. Routledge. ISBN 978-1-315-51895-4.
  5. ^ John L. Esposito, ed. (2014). "Nafaqah". The Oxford Dictionary of Islam. Oxford: Oxford University Press.
  6. ^ Işık, Hüseyin Hilmi (2013-11-27). Seâdet-i Ebediyye Endless Bliss Sixth Fascicle. Hakikat Kitabevi.
  7. ^ Rehman, Javaid; Shahid, Ayesha; Foster, Steve (2022-09-19). The Asian Yearbook of Human Rights and Humanitarian Law: Volume 6. BRILL. ISBN 978-90-04-52080-6.
  8. ^ Işık, Hüseyin Hilmi (2013-11-27). Seâdet-i Ebediyye Endless Bliss Sixth Fascicle. Hakikat Kitabevi.