MYPolygyny.com
Knowledge for the Muslim household
Flashcards Lineage

Q&A › Children, inheritance & global

🌍 Children, inheritance & global · #215

When we divorced, we agreed between ourselves on the amount of child maintenance. Now it falls far short. Can it be changed?

Yes; the court can amend an agreement on child maintenance even if the agreement says otherwise. The Syariah court has power to vary the terms of an agreement on the custody or maintenance of a child where the change is reasonable and for the child's welfare. Maintenance is the child's right, so the parents' agreement cannot shut out the child's needs. Prepare evidence of actual spending now: school fees, transport, food, medical care and special needs. Add what you know about your ex-husband's income too. Before going to court, try talking first. The Qur'an teaches that decisions about a child, such as weaning, are made “by mutual consent and consultation between the two” (Surah al-Baqarah 2:233). If the talks fail, file an application at the Syariah court. See child maintenance.

Sources

Surah al-Baqarah 2:233
← PreviousMy ex-husband wants to take our child to stay overnight at his home with his new wife. I am uncomfortable. Should I refuse?Next →My late father left a plot of land by will to our young child. My ex-husband wants to sell it. Can he do that?

Related questions

Our child maintenance order was made years ago and is no longer enough. Can it be reviewed?Yes; you can apply to the Syariah Court to vary the maintenance order when circumstances have changed. A child who was in k…My husband is applying for polygamy. Can I ask the court to set our children’s maintenance in the same case?Yes; Act 303 gives the court power to order child maintenance when permitting polygamy. Section 73(1)(e) lets…We have no biological children and are raising an adopted child. How do we make sure he is not left out when we are gone?An adopted child does not inherit through faraid, so his future depends on your planning while you are alive. There are…We have only daughters. Can we give our house to them as a gift (hibah) while we are still alive?Yes, if the hibah is made while you are healthy, fully handed over, and not intended to wrong the other heirs.…The man who is my child’s biological father now wants to claim custody. We were never married. Is he entitled?No; under Islamic family law in Malaysia, custody of a child born out of wedlock lies only with the mother and he…We are divorced but often argue about the children. How do we manage shared parenting well?Make the child’s welfare the meeting point, not winning or losing. The Quran, speaking of nursing a child after…
This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

Comments or feedback

Read only by the MYPolygyny administrator — never published.

🔒 Do not include sensitive personal details. Privacy notice

About Us · Ask · Site Map · Privacy · Editorial policy · Disclaimer