35 – Book of Maintenance

Maintenance is incumbent upon the husband, whether his wife is Muslim or non-Muslim, once she has placed herself at his disposal in his home; he must provide her sustenance, clothing, and lodging.

The amount is assessed according to the circumstances of them both, whether the husband is wealthy or of limited means.

If she withholds herself until he pays her mahr (dower), she is still entitled to maintenance.

Should she become recalcitrant, she has no right to maintenance until she returns to his house.

If she is so young that intercourse is not yet possible, she is not entitled to maintenance even if she has surrendered herself.

If the husband is a minor incapable of intercourse while the wife is of age, she is entitled to maintenance from his property.

When a man divorces his wife, she is entitled to maintenance and housing for the duration of her waiting period, whether the divorce is revocable or final.

A widow, however, is not entitled to maintenance; nor is any woman whose separation is brought about by her own act of disobedience. If, after being divorced, she apostatises, her maintenance lapses.

If she permits her husband’s son to have intercourse with her after the divorce, she is entitled to maintenance; if it took place before the divorce, she is not.

If the woman is imprisoned for debt, forcibly abducted, or undertakes the pilgrimage accompanied by a mahram, she is not entitled to maintenance.

Should she fall ill while residing in the husband’s house, she remains entitled to maintenance.

If the husband is affluent, the cost of one servant for her is charged to him; no allowance is made for more than one servant.

He must lodge her in separate quarters where none of his family reside, unless she chooses otherwise; and if he has a child from another woman, he may not house that child with her.

The husband may prevent her parents, her children from another man, and her other relatives from entering.