What Is Nafaqa (Spousal Maintenance)?
2024-02-19
After marriage, spouses have rights and duties toward one another. One of a wife's rights after marriage is the right to nafaqa (maintenance). The husband is obligated to pay maintenance to his wife and children. Nafaqa means covering the expenses necessary for life, which in a permanent marriage falls on the husband. Nafaqa includes clothing, food, and everything else the wife needs; the husband is obligated to provide these and to cover his wife's living expenses.
What does nafaqa include?
As mentioned, in a permanent marriage the husband must pay maintenance to his wife, and a wife's nafaqa covers all reasonable needs appropriate to her circumstances, including housing, clothing, food, household furnishings and items, and health and medical expenses. In addition, if the wife needs a servant, or is accustomed to having one, the husband is also obligated to provide her with one.
Of course, the examples of a wife's nafaqa set out in this article are not exhaustive. This means a wife's nafaqa is not limited to the items listed in the law, and it covers all needs that are reasonably required by the wife and appropriate to her social standing.
Does the amount of nafaqa depend on the husband's financial means?
Under Article 1107 of the Civil Code, nafaqa refers to all of the wife's reasonable needs, and determining the amount of nafaqa is the court's responsibility. If a wife sues her husband for failing to pay maintenance, the court refers the matter to official court experts for further review, and asks them to determine the wife's reasonable needs. Naturally, since the law does not set out a complete list of examples of nafaqa, the experts estimate the wife's reasonable needs in relation to the husband's financial means.
How is nafaqa calculated?
The exact amount of nafaqa is not specified anywhere in the law. Nevertheless, nafaqa means covering the wife's needs at a reasonable level. Calculating nafaqa and determining its amount is the court's responsibility. In other words, the amount of nafaqa is determined based on local custom, the practices of the people in a given area, the husband's financial situation, the wife's family standing, and her way of life before the marriage. The amount is determined by an official court expert. If either party objects to the expert's opinion, they may file an objection with supporting reasons within seven days.
How is child maintenance calculated?
Anyone who has a child is obligated to provide for that child's reasonable needs and has rights and duties toward them. Children are vulnerable individuals who need their parents' support. Accordingly, under the law, the father is obligated to pay for the child's expenses. In other words, even if custody of the child is granted to the mother or to someone other than the parents, the father must still pay nafaqa for his child. If the father lacks the financial means to pay, or has passed away, the paternal grandfather, and then the paternal ancestors, are obligated to pay. If none of them have the financial means or are no longer living, the mother must provide for her child's living needs. It should be noted that, generally, daughters are entitled to maintenance until marriage or until they begin working, and sons until the age of eighteen.