Maintenance (Syariah)

Maintenance for wife

According to the Hukum Syara’, the Court has power to order the husband to pay maintenance to his wife. The Court has the power to also order a collateral to be made with the maintenance.

In deciding the amount of maintenance to be ordered, the Court will consider:
(a) the earning capacity of the husband; and
(b) financial needs of the wife.

A wife’s right to maintenance may cease when:

(a) when the wife dies;
(b) when the wife is disobedient (nusyuz); and
(c) when the wife remarries.

Maintenance for children

In Islam, it is the husband’s responsibility to maintain the children whether the children lives with him or with his wife or any other person. He must provide accommodation, food, clothing, medical treatment and education in accordance to his ability and capacity
or pay costs instead. The order for maintenance expires when the child attains eighteen (18) years of age.