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IDDAT
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IDDAT (The waiting period of a divorce or widow).
Iddat has been defined as the
waiting period for a widow or divorced. In sharait terminology it is
the waiting period for a woman when her NIkah with a man is no more
extant for one reason or the other, The waiting period means that
after the cessation of nikah the woman has to restrain herself for
another Nikah till the prescribed period is over.
PROBLEM:-
The Iddat begins after the annulment of Nikah by the woman whose
husband has expired or a separation takes place between them
provided the marriages was consummated by the sexual union. There is
no Iddat for an adulteress, though she may be pregnant, she may
marry with the man with whose sexual contact, she was rendered
pregnant. If she marries with another man then no sexual intercourse
is permissible with him till the birth of the child.
PROBLEM:-
In an unlawful or faulty Nikah (Nikah-e-Fasid) if there is
separation prior to the intercourse, there is no Iddat but after the
sexual intercourse the Iddat is necessary if separation between them
takes place.
PROBLEM:-
There is no Iddat for the divorced woman whose place of shame is
close, although she may have had sexual contact.
PROBLEM:-
The woman is given Talaq, rajee or baain or the nikah is annulled
for any reason, and sexual intercourse has taken place, but the
woman is not pregnant at present and she gets menses, then the
period of Iddat is passing of three menses.
If the woman does not get sense
because of being underage or she has reached the age of dryness
(ceased to have
menses due to oldage) or by the number of years she has reached the
age of puberty, but does not have menses, then in all these cases
the term of Iddat is three months. (If she is a slave girl, the
period is one and a half year.)
PROBLEM:-
If the Talaq or the cancellation of Nikah takes place on the first
of the month, then 3 months Iddat shall be taken into account
according to lunar calendar and if it is some other date, then the
month of 30 days or 90 days in all shall be taken for the Iddat.
PROBLEM:- The woman has had the menses but
now she does not have it and she has not reached of dryness
(of menses) then the term
of Iddat is according to the number of menses, Therefore she has
three menses or reaches the age of dryness, her Iddat will not be
over. And if she did not have menses before, but after the
commencement of Iddat she gets the menses, then the term of Iddat
shall be three menses.
PROBLEM:-
If the Talaq is given in state of menses, this menses will not be
counted in the three menses for Iddat. After the present one 3 more
menses should pass to complete the term of Iddat.
PROBLEM:-
The woman who has been married on an incomplete or faulty nikah (Fasid)
and she has undergone sexual intercourse or the woman with whom
there has been nominal or pseudo intercourse, the Iddat of both
shall be counted on the separation and death (as the case may be) on
the basis of menses. If no menses takes place, the Iddat shall be of
three months duration.
PROBLEM:-
The woman with whom an underage boy commits intercourse or she has
only apparent co-habition or on a wrong and illegal nikah, the same
Iddat will apply. If the intercourse took place while the boy was
underage and on reaching adulthood he divorce her, the same term of
Iddat shall also be applicable in this case.
PROBLEM:-
In the event of faulty (fasid) nikah the Iddat shall take place from
the date of separation or the date when the man abandoned
intercourse on his own admission.
PROBLEM:-
The Iddat on account of Talaq is from the date of the Talaq whether
the woman is aware of this or not. If she comes to know after the
passing of three menses then the Iddat will be deemed to have
already taken place, or if the man mentions any particular date (of
Talaq) then the Iddat will be counted from that date.
PROBLEM:-
The Iddat on husband death is four months and 10 days (including the
10th night) when the nikah was lawfully complete and correct,
whether or not the intercourse had taken place and whether the
husband or wife was underage (minor).
PROBLEM:-
If the woman is pregnant, then the Iddat will last till the delivery
of the child.
PROBLEM:-
For the Iddat on the delivery of the child, there is no time limit
fixed. The Iddat comes to an end as soon as delivery takes place
when she was in Iddat on account of death or Talaq by her husband,
even if the delivery takes place just one minute after the Talaq or
the death. In the case of abortion if the limbs of the child have
been formed, the Iddat will (immediately) takes place. If twins or
triplets are born the last born will mean the end of Iddat.
PROBLEM:-
The was given Talaq Raj'ee but th man died during the Iddat the
woman will now to complete the Iddat of death. The Iddat of Talaq
will lapse.
(Note: I have omitted the case
where in it is stated, if pregnancy takes place of the husband. In
my opinion this will last suspicion about the woman character. The
sperm is the seed of pregnancy. How can seedling take any time for
its getting roots in the lamb. This may be examine - Translator.)
In any case of Iddat whether on
account of death of the man, or formal talaq or the one based on
pregnancy and delivery or three menses whatever term is in process,
full term will have to be completed, specially the last phase of
Iddat.
THE MOURNING (SOAG).
The Holy Prophet (Allah's grace
and peace be upon him) has said that `any woman who believes in
Allah and the Day of Judgment should not mourn the death of a person
for more then three nights except for the bereavement/demise of her
husband which should be for four months and ten days. She should not
wear colored clothes except the clothes which is dyed by tieing it
will threads before spinning into a cloth, she should not apply
collyrium (surma) to the eyelids nor tough any perfume but she use
very mild perfume after the purification bath of menses. Hina is
also forbidden.
Mourning means that she must give
up wearing ornaments, jewels, gold, silver, silken clothes, nor
apply perfumes on the clothes or the body ,even if it be a odorless
oil nor comb the hair. The clothes in hues of saffron, giru red etc
should also be avoided.
PROBLEM:-
However she can wear old and worn dress of fading colours as well as
the clothes of black colour, provided it is not silken or other
fibers which resemble silk and shining.
PROBLEM:-
In case of head-ache or pain in eyes she can apply hair oil or
collyrium for relief from pain.
PROBLEM:-
Mourning is by the adult sensible Muslim woman when Iddat is due to
the death of the husband or on account of Baain Talaq.
PROBLEM:-
If the marriage is dissolved due to the impotency of the husband,
there is Iddat and in Iddat mourning should be observed.
PROBLEM:-
The woman can observe mourning of some close relative, the husband
may not allow mourning in sympathy of another woman who husband has
died.
PROBLEM:-
To wear black clothes in sympathy of some one's death is not
permissible, but the woman mourning the death of her husband can
wear black clothes but not for more than three days. However, if
there is mark of display, the black clothes can be used for the
entire period of mourning.
PROBLEM:-
To send a clear and open message of nikah to a woman who is in Iddat
is haram. However in the case of Iddat of death a guarded and
suggestive message can be sent, but not in any other kind of Iddat.
PROBLEM:-
A woman in Iddat on account of Talaq Raj'ee or Baain or separation
on Khula etc, should not go outside her house. An underage (minor)
girl who is in Iddat on account of Rajee Talaq can go out with the
permission of her husband, and in the case of Baain Talaq she can go
out without the permission.
PROBLEM:-
In the event of incomplete/faulty (fasid) nikah, she can go out in
Iddat, but the husband can check her.
PROBLEM:-
She can not change her house during Iddat, even if the house is a
rented one. The rent of the house during her Iddat is to be paid by
the husband. IF the husband has gone out and she can pay the rent
even then she must stay in this house.
PROBLEM:-
In an Iddat of death the woman can be allowed to go out during the
day time to earn her livelihood if there is no alternative for her
subsistence. But she spend the nigh at home.
PROBLEM:-
The woman should complete the term of Iddat in the same house in
which she was living at the time of separation from her husband or
at the time of his death, unless there is some such serious matter
over which she has no control and she is compelled to leave/vacate
the house.
PROBLEM:-
The woman has gone to her mother house or else where when the
husband gave her Talaq or he died. In that event the must return to
be house without delay.
PROBLEM:-
In the event of Talaq Baain there should be a screen between the
husband and the wife if both have to stay in the same house (in the
Iddat) as she has stranger to him, If the space available is too
limited and insufficient to keep them separate during the Iddat,
then the husband should stay outside for the time being. But the
woman should not be turned out. In the case of Talaq Raj'ee no
screening between them is necessary even if the husband is an
impious and worthless fellow.
PROBLEM:-
The same provision are applicable in respect of Three Talaqs as in
the case of Talaq-e-Baain.
PROBLEM:-
The husband can not take the woman out on journey during her Iddat
even if it is on Iddat of Talaq-e-Raj'ee.
PROBLEM:- The commands for the Iddat of Talaq
Rajee are the same as are for the Talaq-e-Baain, but there is
mourning in Talaq-e-Raj'ee. If
the woman is given Talaq Rajee in the journey she
will remain with the husband and in the journey in some other
direction, she can not go with him.
FAMILY IDENTIFICATION OF THE CHILD
(Saboot-e-Nas'l)
The child belongs to him whose
wife is she and for the adulterer are the stones.
PROBLEM:-
The duration of pregnancy is minimum six months and the maximum two
years. Therefore the woman who is in Iddat of Talaq-e-Rajee, but has
not confessed the fulfillment of the Iddat. If the child is born
during this period, this is the confirmation of the child's identity
as being the son of wife's husband (his legitimate parents). If she
admits the completion of her Iddat but the duration of Iddat is so
prolonged that full Iddat could he completed in it and the child is
born within the six months period of her admission (of Iddat) then
it is the proof that the child belong to the, although it shows that
the woman admission (Iqrar) of her Iddat was wrong. This also proves
that the husband had resumed conjugal relations within the Iddat of
Talaq-e-Raj'ee, provided the child is born after two years or more
after the Talaq. If the child id born in less than this period, then
the husband's resumption of husbanding rights is not established as
it is possible that the pregnancy is before the Talaq. And if the
child is born in less than six months time form the time of
admission of her a Iddat. Then the legitimacy of child's parentage
is established otherwise not.
PROBLEM:-
If the woman was given Talaq-e-Baain the child is born within two
years of Talaq, then the legitimate parentage is established. If
however the child is born after two years, the rightful parentage
will not be proved. But if the husband claims that the child belongs
to him, then this will be accepted. Or if one child born within two
years and the second child afterwards, then the parentage of both
the children will be proved.
PROBLEM:-
If the child is born within six months of the Nikah, then the child
will not be taken as legitimate. If however, the birth takes on
after six months time of the nikah, then it will taken that the
parentage is correct or legitimate when the husband keeps quiet or
does not admit. And if the husband says that no child is born, then
on the evidence of another woman, the birth of the child will be
taken as true. Similarly if the husband admits the pregnancy or the
latter is apparent, then the Talaq is established, but for the
legitimacy of parentage, only the statement of the woman giving
delivery is enough. In case two deliveries take place one within six
months and the other on or after six months, then the parentage of
both the children will remain unproved.
PROBLEM:-
If the child is born within two years of the husband death, no
parentage with him will be established otherwise not.
PROBLEM:-
On the birth of the child the woman says that six months or more
than six months time of nikah has passed, while the man says that
six months have not elapsed, then the evidence on oath should be
taken from the woman and her statement should be accepted. To
disprove this, if the husband or his successors desires to produce
witnesses, then they should not be listened to.
PROBLEM:-
A man commits adultery with a woman and latter marries her, if the
child is born in six months or more the parentage will be accepted,
and if this birth is in less then six months of marriage, its
parentage will not be established even if the husband claims the
child as his from the illicit intercourse with the woman.
NOURISHMENT OF THE CHILD.
Nourishment of the child is the
right of the mother whether she is in nikah or out of it. However if
she has rejected her faith and become apostate, then she can not
nourish/take care of the child or if she is involved in some immoral
or indecent activities (adulteress, thief or profession mourner)
then the child should not be given in her care. Some scholars are of
the opinion that if the woman does not offer regular prayers she too
should not be allowed to nourish the child. But the best course is
that the child should be under its care in the beginning for so long
as he remains infant and when it he begins to show signs of
understanding he should be taken away from her and made over to his
mother. (The text (P-271) may also mean that the child should his
mothers care from the beginning), similarly, the child should not be
given to his mother during infancy when she has often to go out of
the house because of her profession.
PROBLEM:-
IF the mother of the child marries a man who is ghair mehram to the
child (a person who is not admitted in the woman apartment), either
by reasons of family lineage or due to fosterage, then the child
will not remain under his mothers protection. And if she marries a
man who is mahram to child lineage, then her right of nourishment
will not be abrogated. For example, if she marries the foster uncle
of the child, the latter (child) will not remain under her care,
because this man in spite of having foster relation is a stranger by
family relations. And if she marries a family line uncle of the
child, then her rights of nourishment will not lapse.
PROBLEM:-
If the mother is unwilling to nourish the child without payment and
the father is in a position to oblige her, then he should do so. And
if he is poor and can not afford payment, the child should be given
in the charge of the relation next to mother if he is willing to
undertake care of the charge without payment, provided the mother
has not married the Ghair Mahram relative of the child and it should
be made clear to the mother that she must undertake the nourishment
of her own without payment or hand over the child to so or so
person. In the latter case if the mother desires to see her child
often and take him for cares or protection her request should not be
turned down.
PROBLEM:-
One on whom devolves the care and protection of the child refuses
and there is no other woman who can look after the child, then the
former shall be pressed to undertake the responsibility, Similarly,
if the mother refuse to breast feed the child and the does not
accept feeding by any other woman, nor any woman agrees to feed the
child without payment and the father is monetarily helpless to pay,
then in this acute condition the mother should be compelled to feed
her own child.
PROBLEM:-
The child is under the nourishment of the mother who is either in
the nikah or Iddat of the child father, in this situation the mother
shall not be given any compensation for feeding the child. If she is
not in the Nikah or the Iddat then she can receiving payment for
nourishing the child. She can also claim the amount for the feeding
and maintenance on behalf of the child, she can even demand living
accommodation and the provision of a servant. All these expenses
shall be paid from the assets of the child if there is any,
otherwise the man on whom all these responsibilities devolve shall
meet the monetary obligations.
PROBLEM:-
If the mother had previously refused to nourish the child and now
wants to take the child under her care, she can be allowed, in fact
this retracing her obligation should be encouraged.
PROBLEM:-
If the mother is incapable to nourish her child or she has refused
or the woman has married a stranger, now the charge of nourishing
the child will be undertaken by grand maternal mother (nani) of the
child, if grand matermal mother is not there the responsibility will
fall on grand paternal mother (dadi) on the conditions mentioned
above. (Note: other eligible relations mentioned in this context
(P-272) are mere logical and can hardly be taken recourse to.)
PROBLEM:-
If the person eligible and willing to take care of the child be of
equal status, then the man deserving of this responsibility is the
one who is better, then one who is more righteous then who is elder
in age more qualified in other respect.
PROBLEM:-
The child is under the charge of the grand mother (nani or dadi) but
she is dishonest then the father's sister (phoophi) can take back
the child and keep him under his care and protection.
PROBLEM:-
The woman on whom is the right/responsibility to nourish the child,
should be allowed to keep him so long the necessity of keeping him
there remains (unavoidable) or in other words the boy becomes able
to look after his basic personal services (eating, drinking)
attending to natural calls etc. This be can when he reaches the age
of seven or so. There after he should be withdrawn and given under
the charge of the father. If he refuses, then he should compelled to
undertake this responsibly.
In the event of the girl begin
under the care of her mother she should stay there till she reaches
the age of nine. If the girl is married in the age lesser than nine
years she should not leave mother's house especially when she
physically attractive exciting passion. Merely marriage should not
be taken as the end of the responsibility. She should be allowed to
go to her husband house when she attains puberty and capable of
experiencing matrimonial demands.
PROBLEM:-
After reaching the age of seven years, the son will remain under the
vigilance of his father or grant father or any patron. But when he
becomes adult and possess common sense to distinguish between virtue
and vice and is not likely to fall in evil company of young men
which may bring infamy and disgrace to the family , he may be
allowed to remain wherever he likes. Other wise he may be advised to
stay with family elders. However after reaching adulthood the
father/grand father are not obliged to pay maintenance for the son.
If they do, it will be a favor.
PROBLEM:-
The daughter after nine years age till attains puberty and is given
away in marriage, should stay with father / grand father / elder
brothers. This is to take precaution for any untowards mishap,
causing disreputation to the family. She can not stay with the son
of her uncle for maintenance as he is a non-mahram, where as it is
necessary that the girl should live with any Mahram relation. The
other alternative is that she may be given under the guardianship of
nay righteous woman who may guard her honor with devoted care.
PROBLEM:-
The boy had not reached adulthood but he has become fit for working
in some suitable trade. There is no harm in sending him out for
working and earning to build his future and fortune. It must always
be kept in mind that takes up such profession or whereby he may earn
and learn (preferably religious education) at one and the same time.
PROBLEM:-
In respect of the girl who is proceeding to puberty the same basic
principles should be adopted as are suitable and profitable for her
as a girl. The choice of avocation is vast and variegated in the
female lines, common sense, rather prudence should be applied as far
as the future of the girl is concerned, because the problems facing
the fair-sex are as delicate as it is they are complex in nature and
scope. Sensible parents are expected to make prospective choice, but
the most honorable and lifelong peaceful and prosperous choice is to
find for her a life partner which may guard and promote their
interest in deen-and-dunya.
(Note: In presenting the problems
in this context a broad view, has been adopted keeping in mind, at
the same time, changes / trends taking place even in Islamic
Society. There is no deviation from the basic principles laid down
by the Shariat. In a sense these are in elaboration of the age long
commandment in this behalf.
PROBLEMS OF MAINTENANCE
In the Shariat Terminology this
aspect of Nikah and Talaq is known as NAN-O-NAFQAH, literally
meaning Bread and Living Expenditure for which the English
Equivalent is Provision for Maintenance of living by the husband. In
a broader sense it stands for provision of Food, clothing and house.
The come in effect on three counts (1)Marriage (2) Family Lineage
and (3) Assets, respectively standing for Zaujiat, Nasab and
Milkiyat.
PROBLEM:-
The provision of maintenance for the woman by the husband who has
married her through a valid and fully documented nikah in the
prescribed Islamic manner, the woman may be a believer (Musalman) or
unbeliever, free of purchased through a written agreement, indigent
or prosperous, consummated (matrimonially) or the consummated, adult
or minor but capable of transacting sexual intercourse or physically
built to excite passion, even if the husband is minor in age, the
maintenance is binding on him, to be paid from his monetary assets.
If the husband possession id meager, it will not be given by the
father of the husband. However if the father has stood surety on his
behalf, the father will pay the maintenance.
PROBLEM:-
If the husband is impotent or has an amputated organ (and incapable
of sexual intercourse) or weakness on account of disease or has gone
out for Hajj, the maintenance is wajib on him.
PROBLEM:-
A minor wife who is unfit for sexual intercourse her maintenance is
not due on her husband, she may live with her husband or with her
father till such time as she becomes fit for conjugal relations. If
the minor wife is living in the house provided by her husband for
rendering any service or on account of her infatuation for him, the
maintenance will be due on the husband.
PROBLEM:-
The private parts of the woman is retarded making intercourse
impossible or she is gone mad and resists sexual intercourse, even
then the maintenance is due on him.
PROBLEM:-
In an illegal or defective nikah, no maintenance is payable. If the
nikah has been apparently in order and the Qazi has ordered the
maintenance, but later on it is discovered that the nikah was not
lawfully valid (The wife was found out to be the foster-sister of
her husband), then the husband can take back whatever he has given
as maintenance on the orders of the Qazi, However if has given the
maintenance on his accord without the consent or command of the Qazi,
then he can not take back the maintenance given by him.
PROBLEM:-
When an adult woman demands maintenance when she has not gone to her
husband house, her demand is valid provided the husband had not till
then asked her to accompany him or she has no refused to go along
with him. If the woman has refused, it may be due to any of these
two reasons, (1)she is demanding instant meher (mehre muajjal) which
is her right and she is due maintenance or (2) her refusal is
unjustified on account of wrong statement,then no maintenance is due
unless she goes to her husband's house.
PROBLEM:- After once the sexual act, has
taken place, the wife refuses
to go to her husband's house demanding the payment of
instant meher (muajjal) as a precondition, then she is entitle to
the maintenance (by way of payment of meher), otherwise not.
PROBLEM:-
If the woman leaves the husband's house without permission or
reason, she will not be entitled to any relief (maintenance) unless
she returns.
PROBLEM:-
The woman who has been given Talaq will, in all circumstances,
receive the maintenance (Nafqah) during her Iddat, whether it is a
Talaq Raj'ee or Bain or Three Talaqs, she be pregnant or otherwise.
PROBLEM:-
So long as the woman does not reach the age of dryness (permanent
stoppage of menses due to oldage), her term of Iddat is three
menses. Before reaching this age, if a young woman does not have
menses for any reason, she will receive maintenance during her Iddat
how so ever it may prolong. If, even till reaching this age she does
not get menses, then she will get the maintenance for the duration
of three menses when her Iddat will terminate. However if the
husband proves on evidence of witness that she has already had three
menses, then the demand of maintenance shall lapse.
If, on being given the Talaq the
woman disclosed that she is pregnant, then the term of Iddat will
continue till after the delivery. Which will be two years time from
the Talaq. If she does not deliver the child till the end of these
two years and the woman still maintains that she did not have menses
and believed that she was carrying (pregnancy) she will continue
receiving maintenance till the expiry of three menses duration after
the age of dryness, that is three months after this age.
PROBLEM:-
If the woman does not claim the maintenance of Iddat after the Talaq
nor did the Qazi fixed any such amount, then the no maintenance will
be due after the Iddat is over.
PROBLEM:-
The woman whose husband is long absent and whose whereabout are not
known married another man who had sexual union with her. Now if in
the meantime the former husband comes back, then separation shall be
effected between the woman and the second husband and the woman
shall go through the Iddat, but the maintenance of this Iddat shall
be neither on the first husband nor on the second husband.
PROBLEM:-
No maintenance is wajib (essential) during the Iddat on death of the
husband, whether the woman is pregnant or not. Similarly the
separation taking place on account of woman immorality or belief
against the religion would not entitle the woman any maintenance.
PROBLEM:-
The maintenance is permissible in the khula (separation on woman's
demand before a competent authority). However if the khula is
granted on the condition that the woman will not demand maintenance
or accommodation (or cost thereof) the woman will not get
maintenance, but the husband will have to pay for the accommodation
(residence), because the woman has no right to dispense with the
payment on account of residence.
PROBLEM:-
In the event of Eelaa, Zihaar or Liaan by the husband against his
wife (there have been discussed in length in the preceding pages) or
he forsakes his religion (becomes apostate or murtid) or he commits
intercourse with the mother of his wife or a wife of an impotent
husband secures separation, in all cases the woman will get the
maintenance.
PROBLEM:-
If husband and wife are both rich and the question of maintenances
comes up between them then the same will be paid as among the rich,
and if both are poor, then the maintenance will on the level of
their living condition. And in the event of disparity or mixed level
of living, the maintenance will of an average standard suitable and
agreeable to both, with some concession or favor towards the woman.
PROBLEM:-
While providing maintenance the wife should not be pressed for
undertaking domestic work of which she is not used or which is
beyond her capacity.
PROBLEM:-
On the question of provision of maintenance it is for the husband to
provide objects of utility or the domestic requirements.
(Note: The list of articles, to be
provided by the husband and other facilities of which the woman is
entitled given on P/277 are not of universal or national nature. On
the contrary these are of purely local or primitive nature. They
have been therefore omitted - Translator)
PROBLEM:-
It is upto the husband to provide his wife with every thing of
necessity or make arrangements by giving the required amount of
money. The woman, on her part should not under restraints upon
herself which may cause ill effects on her physiques or general
health which are the prime source of attraction or endevourment for
the husband. He may take any stops to make her live in good trim.
PROBLEM:-
If the husband is a poor man without any possession and as such, he
is unable to pay the maintenance expenses to his wife. However it is
desirable to cause separation on this account. He can be asked on
the command of Qazi to earn money through labour or service to meet
the responsibility fallen upon him. He might also take loan for this
purpose and repay it in installments.
PROBLEM:-
The next demand for maintenance is the accommodation for residence.
The house which the husband provides should be such that the couple
may live in complete privacy, which is the prime necessity for a
married pair and it depends their resources how best they can help
themselves or the parents of husband can offer their assistance.
Other details in this connection can be mutually settled and put in
operation.
PROBLEM:-
The parents of the woman can come once in a week or as often as it
is convenient to see their daughter. Similarly the woman can also
visit her parents and other near relations with the permission of
her husband.
PROBLEM:-
The maintenance due on the under age will be paid by the parents,
when the son is poor and resource less. If the adult son is
crippled, lunatic or blind and as such is unable to earn his
livelihood and arrange for the maintenance, the parents will have to
bear this liability.
PROBLEM:-
IF the son has some property in his name and there is the
responsibility of maintenance on his shoulders, then the money for
this purpose can be obtained through sale of his property even if
the whole property be consumed in this behalf.
PROBLEM:-
When the daughter reaches the age of puberty (she becomes young) and
is given away in marriage then the liability of maintenance no
longer remains of her father. It is shifted to her husband (and his
family member).
PROBLEM:-
If the mother receives the maintenances from the father of the child
and the same (the money) is lost or stolen, she can once again
demand the maintenance from the father of the child. If, however the
amount or part of is recovered, it should be returned.
PROBLEM:-
The feeding of the child becomes the moral responsibility when no
other woman is available, or the child does not accept the (breast)
feeding of another woman or the father is poor and can not pay the
amount to other woman while there is no assets as inheritance in the
name of the child, In all these unavoidable circumstances it is
morally binding on the mother to feed the child, but she can not be
compelled or forced to do so.
PROBLEM:-
When the mother is living with her husband or the woman is in the
Iddat of Talaq Raj'ee, if she feeds the child she can not demand any
amount, However if she is in Iddat of Talaq-e-Baa'in , she can
demand the payment for feeding. If she feeds the child of other
woman whose husband is also her husband, she can definitely demand
the wage of feeding.
PROBLEM:-
If the parents (father, mother) grand father and grand mother and
grand maternal parents (nana, nani) are poor indigent, then their
maintenance is the responsibility of the man, even if they are able
to earn. When this man is will to do and in the term of the Shariat,
he is `Sahib-e-Nas'ab. However if the man himself is poor, then the
maintenance of his father does not lie upon him. (it is not wajib)
(Note: Further details are purely
pre sumptuous and seldom likely to take place in societies other
than primitive and orthodox ones - Translator).
PROBLEM:-
The maintenance of father, grand father etc is equally wajib
(essential) on the son and the daughter if they in their respective
capacity as Sahib-e-Nas'ab and or wealthy. Sahib-e-Na'sab means to
possess enough assets and resources on which Zakat is levied
compulsorily.
PROBLEM:-
In the matter of maintenances relating father/offspring the
criterion is of nearness/proximity, exclusiveness and not of
inheritance for example, when son and grand son are both then the
responsibility of maintenance will be on the son and not on the
grand son, between daughter and grand son, it is on the daughter,
between grand son and the grand daughter , it is equally on both,
between daughter and sister it is on daughter.
(Note: The criterion of
maintenance between two sets of relation of old and young or the
younger will have to look after the elder, and between relations of
equal status, the maintenance will have to be provided equally by
both - Translator)
PROBLEM:-
A student of religious studied will be provided complete maintenance
by all his relations jointly or separately because of the importance
of religious learning, although he may be young and capable of
earning his livelihood.
PROBLEM:- If the relations is not Mahram
(e.g. brother beings son of the uncle, cousin) or he is Mahram but
relation (e.g. foster brother/sister), or the cousin who is also
foster brother, in all these cases no maintenance is wajib. The
maintenance of slave is on the master. If he refuses they must earn
through labour/service and provide their own maintenance. |
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