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As for the judge’s assessment of maintenance and clothing, this takes place when they are disputed, just as he assesses the dowry customary for a woman of comparable standing when the spouses dispute it, and determines the extent of intercourse when the woman claims that her husband beats her. Whenever two parties dispute rights whose extent can be determined only by customary standards, the governing authority assesses them.

If, however, a man provides for his wife according to customary standards, as men of his standing ordinarily provide for women of hers, that is sufficient; no judicial assessment is needed. If the wife requests that the judge fix an allowance to be handed over to her, despite its being known that her husband provides for her according to customary standards, the correct of the two scholarly views in this situation is that the judge should not fix such an allowance, nor is the husband obliged to transfer ownership of it to her, as explained above. This is what the Quran, the Sunnah, and reasoning grounded in justice indicate.

The unquestionably correct view, held by the majority of scholars, is that a wife’s maintenance is determined by customary practice, not by a fixed amount prescribed in Islamic law. Rather, it varies according to conditions in different lands and times, the circumstances of the spouses, and their customary way of life. Allah Most High says:

“Live with them in kindness.”

The Prophet—may Allah bless him and grant him peace—said:

“Take what is sufficient for you and your child according to what is reasonable.”

He also said:

“They are entitled to their provision and clothing according to what is reasonable.”