Saturday, July 25, 2009

The Nafaqa in Islamic Marriage

Under Islamic Shari’a, a man is obligated to support his wife with food, clothing, and shelter. His obligation starts as soon as the marriage is consummated. This article discusses the issue of nafaqa in the Islamic marriage.

In Islamic Shari’a, nafaqa is defined as an obligation of material support for the wife and children. This is a gendered entity in Islamic marriage, as long as the marriage has been consummated. When the marriage is consummated, the husband becomes responsible for providing his wife and children born of the marriage with food, clothing, and shelter regardless of the wife’s own resources. This obligation is stated in the Qur’an; it reads the following: “Men are protectors and maintainers of women because God has given them the one more than the other, and because they support them from their means [their money]” (Qur’an 4: 34). Failure of the husband to provide the nafaqa may result in a jail sentence.

If the husband leaves his house to undisclosed location, the qadi (religious judge) is authorized to locate the husband’s assets to recover the unpaid nafaqa. If the husband is beneficiary of any revenues, or has any outstanding debts owed to him, the qadi could assign the proceeds equivalent to the amount of nafaqa to the wife.

The nafaqa is determined at a level appropriate to the wife’s social standing and background; the qadi may determine the amount of nafaqa in accordance with the style to which the wife is accustomed. Thus, a poor woman may get a bread and cheese for her lunch; a middle class wife would expect to receive grain and animal fat, while a rich wife may get wheaten bread and meat.

As a general rule, the husband has an obligation to support nafaqa to his wife or wives until such time as the marriage is terminated by divorce or death.

In the event of divorce, the former husband must continue to support his wife for the following three months of her ‘iddah, a waiting period after divorce, during which a woman may not marry another man. At the end of her ‘iddah, the wife is legally free to remarry. If the wife should die during that period, the husband is responsible for the burial costs. The ‘iddah is extended, for a pregnant woman, until after the birth of her child.

There should be a clear distinction between mahr and nafaqa; the legal discourse in Islamic marriage contracts is that the husband pays the muqaddam (immediate) mahr at the time of signing the contract. (For more on the mahr agreement, see The Mahr Provision in Islamic Marriage Contracts at http://www.gabrielsawma.blogspot.com. The nafaqa is the amount of money spent by the husband to support his wife on food, clothing and shelter; it is triggered when the marriage is consummated.

A woman, who is married according to the Islamic Shari’a, can refuse to consummate the marriage with her husband if he failed to pay the mahr. But once the mahr issue is settled, she has to be available to her husband. If she continues to refuse him, the husband will be absolved of any responsibility for providing the nafaqa.

A woman is entitled to receive the nafaqa even if she gets mentally or physically ill. The nafaqa is obligatory on the husband in the case he becomes ill. No nafaqa is due if the husband repudiates his wife because she has been guilty of apostasy. Changing once religion from Islam to any other religion is considered a blasphemy and subject to strict penalty ultimating to death.

The husband may stop providing for nafaqa if the wife commits nushuz, a term used to designate the rebellion of a woman against her husband, by disobeying him and causing him anger.

If the husband is traveling and could not be reached, the wife who has been granted nafaqa by the qadi (religious judge), is authorized to borrow money equivalent to the amount assigned, and the absent husband is responsible for paying off the debt once he became available.

If the husband should die, the nafaqa support will be terminated, except for a pregnant woman who could still claim it, through to delivery of her child, from her husband’s estate. She must request the nafaqa during the period of the marriage or the ‘iddah.

Muslim couples may name an amount of the nafaqa support as part of the marriage contract, although such a clause is not required by the Islamic Shari’a; but once made, it can be enforced by the religious court.

Gabriel Sawma is a Professor of Middle East Constitutional Law, Islamic Shari’a, Arabic and Aramaic. He is an expert consultant on International Law, mainly Islamic divorce, inheritance, child custody, banking and finance. Admitted to the Lebanese Bar Association ; Associate Member of the New York State Bar Association and the American Bar Association. Editor of International Law Website: http://www.gabrielsawma.blogspot.com and author of the Aramaic language of the Qur’an: http://www.syriacaramaicquran.com. Email: gabrielsawma@yahoo.com
Email: gabygms@gmail.com

31 comments:

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Jessica Luis said...

Hey,I'm so excited my broken Marriage has been restored & my husband is back after he left me and our 2 kids for another woman. After 8 years of marriage, me and my husband has been into one quarrel or the other until he finally left me and moved to California to be with another woman. i felt my life was over and my kids thought they would never see their father again. i tried to be strong just for the kids but i could not control the pains that torments my heart, my heart was filled with sorrows and pains because i was really in love with my husband. Every day and night i think of him and always wish he would come back to me, I was really upset and i needed help, so i searched for help online and I came across a website that suggested that Dr Mohammed can help get ex back fast. So, I felt I should give him a try. I contacted him and he told me what to do and i did it then he did a (Love spell) for me. 28 hours later, my husband really called me and told me that he miss me and the kids so much, So Amazing!! So that was how he came back that same day,with lots of love and joy,and he apologized for his mistake,and for the pain he caused me and the kids. Then from that day,our Marriage was now stronger than how it were before,All thanks to Dr Mohammed. he is so powerful and i decided to share my story on the internet that Dr Mohammed real and powerful spell caster who i will always pray to live long to help his children in the time of trouble, if you are here and you need your Ex back or your husband moved to another woman, do not cry anymore, contact this powerful spell caster now. Here’s his contact: Email him at: monicaspiritualtemple@gmail.com , you can also call him or add him on Whats-app: +2348134493948

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Ana E said...


It’s no secret that a man’s ego has a powerful pull on him.

In fact this hardwired need to impress and to WIN is so deeply embedded into the male mind...

That nearly everything a man truly desires is based around this biological “drive” to prove, succeed and to win.

It’s why so many men become workaholics, gym junkies or become obsessed with their hobbies.

But what most women don’t know...

...is how deeply this “drive” is connected to his love, desire, and attraction for the woman in his life.

And I’m about to show you how you can “tap into” a man’s ege to refocus that same drive and gut level obsession...

...on pleasing you, romancing you, and proving his love for you like you’re his sole purpose in life.

Here’s how: ==> The “Go Ahead” Signal That Makes Him Obsessed With Winning Your Love

Mr Gix

P.S. When you tap into a man’s ego this way, you can cause him to literally become obsessed with proving his love for you. So please don’t use this on a man unless you are ready for something serious.

Thanks again.

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rose said...

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sharron jenna said...

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jain said...

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Olivia Stephen said...

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Olivia Stephen said...

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My Name Olivia Stephen form Tx,USA. After 12years of marriage, me and my husband has been into one quarrel or the other until he finally left me and moved to California to be with another woman. I felt my life was over and my kids thought they would never see their father again. i tried to be strong just for the kids but i could not control the pains that torments my heart, my heart was filled with sorrows and pains because i was really in love with my husband. Every day and night i think of him and always wish he would come back to me, I was really upset and i needed help, so i searched for help online and I came across a website that suggested that Dr Unity can help get ex back fast. So, I felt I should give him a try. I contacted him and he told me what to do and i did it then he did a Love spell for me. 28 hours later, my husband really called me and told me that he miss me and the kids so much, So Amazing!! So that was how he came back that same day,with lots of love and joy,and he apologized for his mistake,and for the pain he caused me and the kids. Then from that day,our Marriage was now stronger than how it were before, All thanks to Dr Unity. he is so powerful and i decided to share my story on the internet that Dr.Unity real and powerful spell caster who i will always pray to live long to help his children in the time of trouble, if you are here and you need your Ex back or your husband moved to another woman, do not cry anymore, contact this powerful spell caster now. Here’s his contact
Call/WhatsApp: +2348071622464 ,
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Website:https://unityspelltemple126848969.wordpress.com .

Emily said...

Sir, thank you so much for you genuine spell,my lover is back!!!

I am very happy to recommend Dr. Ken to everybody that truly need help to fix his or her broken relationship. When I found Dr. Ken I was in desperate need of bringing my ex lover back. He left me for another woman. It happened so fast and I had no say in the situation at all. He just dumped me after 3 years without no explanation. I contact Dr. Ken through his Email and he cast a love spell to help us get back together. Shortly after he did the spell, my boyfriend started testing me again and felt horrible for what he just put me through. He said that I was the most important person in his life and he knows that now. i will forever be grateful to Dr,Ken for the happiness he brought to my family. anyone surfing from a broken relation or wants to bring back a divorce lover should contact him on his email address drkenlovespell@gmail.com you can also call him directly on his cell phone number +1(903) 847-0267 he is a very generous man.

rose sarah said...



I am very happy today with my family. My name is rose sarah living in USA, My husband left me for a good 3 years now, and i love him so much, i have been looking for a way to get him back since then. i have tried many options but he did not come back, until i met a friend that darted me to Dr.Jude a spell caster, who helped me to bring back my husband after 2 weeks. Me and my husband are living happily together today, That man is great, you can contact him via email liberationlovespell@gmail.com… Now i will advice any serious persons that found themselves in this kind of problem to contact him now a fast solution without steress.. He always hello, now i call him my father.contact him now he is always online email (liberationlovespell@gmail.com) or contact him on his whatsapp mobile line +2348034062173

peter james said...

i am Rose from UNITED STATES i was diagnosed with HIV/AIDS for over 12 years which made loose my job and my relationship with my fiance after he discovered that i was having HIV, he departed from me i tried all my best to make him stays with me, but neglected me until a friend of mine on Facebook from Singapore told me Great healer, who will restore my life back with his powerful healing spell, he sent me the email address to contact and i quickly contacted him, and he said my condition can solved, that he will treat the disease immediately only if i can accept trust him and accept his terms and condition, i Agreed because i was so much in need of help by all means, so i did all he want from me and surprisingly on Sunday last week He sent me a text, that i should hurry up to the hospital for a checkup, which i truly did, i confirm from my doctor that i am now ( HIV NEGATIVE) my eyes filled with tears and joy, crying heavily because truly the disease deprived me of many things from my life, This is a Miracle, Please do not en-devour to email drtebe2@gmail.com or whatsapp Dr Tebe on +2348140544262 for healings Thanks

peter james said...

i am Rose from UNITED STATES i was diagnosed with HIV/AIDS for over 12 years which made loose my job and my relationship with my fiance after he discovered that i was having HIV, he departed from me i tried all my best to make him stays with me, but neglected me until a friend of mine on Facebook from Singapore told me Great healer, who will restore my life back with his powerful healing spell, he sent me the email address to contact and i quickly contacted him, and he said my condition can solved, that he will treat the disease immediately only if i can accept trust him and accept his terms and condition, i Agreed because i was so much in need of help by all means, so i did all he want from me and surprisingly on Sunday last week He sent me a text, that i should hurry up to the hospital for a checkup, which i truly did, i confirm from my doctor that i am now ( HIV NEGATIVE) my eyes filled with tears and joy, crying heavily because truly the disease deprived me of many things from my life, This is a Miracle, Please do not en-devour to email drtebe2@gmail.com or whatsapp Dr Tebe on +2348140544262 for healings Thanks

Hidago Daniel said...

TESTIMONY;
My name is Hidago Daniel. I made a promise to tell others the wonderful work of he who brought my ex girlfriend back to me. He is doctor UZOYA who is a spell doctor and was able to bring back my ex. My ex left me the very day she met her friend in my place, of which, unknowingly to her, I had nothing to do with her. She grew furious at the very sight of her friend and I was confused if she was initially mad with her. Days into weeks and weeks into months, my ex girlfriend did not speak a word to me as she went away. What was I to do? That was how i contacted doctor UZOYA on the Internet who after some procedures and progress, brought back my ex. Words are not enough to express my feelings and what doctor UZOYA has done for me. He really lifted a heavy load off my chest. To all those out there, please, don't think your situation is too primitive or too hard and complicated for anyone to understand. Contact doctor UZOYA and find joy once again, contact him on; driraborspellcaster@gmail.com you also talk to him on +1(301) 909 8775

Olivia Stephen said...

Save Your Relationship and Get Your Ex Boyfriend/Girlfriend Back!contact: Unityspelltemple@gmail.com is certainly the best spell caster online and his result is 100% guarantee.
My Name Olivia Stephen form Tx,USA. After 12years of marriage, me and my husband has been into one quarrel or the other until he finally left me and moved to California to be with another woman. I felt my life was over and my kids thought they would never see their father again. i tried to be strong just for the kids but i could not control the pains that torments my heart, my heart was filled with sorrows and pains because i was really in love with my husband. Every day and night i think of him and always wish he would come back to me, I was really upset and i needed help, so i searched for help online and I came across a website that suggested that Dr Unity can help get ex back fast. So, I felt I should give him a try. I contacted him and he told me what to do and i did it then he did a Love spell for me. 28 hours later, my husband really called me and told me that he miss me and the kids so much, So Amazing!! So that was how he came back that same day,with lots of love and joy,and he apologized for his mistake,and for the pain he caused me and the kids. Then from that day,our Marriage was now stronger than how it were before, All thanks to Dr Unity. he is so powerful and i decided to share my story on the internet that Dr.Unity real and powerful spell caster who i will always pray to live long to help his children in the time of trouble, if you are here and you need your Ex back or your husband moved to another woman, do not cry anymore, contact this powerful spell caster now. Here’s his contact
Call/WhatsApp: +2348071622464 ,
Email: Unityspelltemple@gmail.com ,
Website:https://unityspelltmple.blogspot.com .