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💰 Family finances · #25

A family member is unable to work. Can the court order maintenance for them?

Yes, and the provision is separate from a wife's maintenance.
Act 303 s.60 empowers the court to order any person liable under Hukum Syarak to pay maintenance to another person who is incapacitated, wholly or partially, from earning a livelihood by reason of injury or mental or physical infirmity — where the court is satisfied that, having regard to the means of the person liable, such an order is reasonable.
Note: s.60 is not the provision on a wife's maintenance (that is s.59), nor on child maintenance (s.72 and s.73). The copy of Act 303 we consulted is in English; the Malay rendering on the BM page is our own translation, not an official text. Each state has its own Islamic family law enactment, so the section numbers and provisions may differ from Act 303 (Federal Territories). See Parental maintenance.

Sources

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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