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💰 Family finances · #23

The husband has lost his job. What is the ruling on maintenance and what steps can be taken?

The obligation does not lapse, but its amount is measured by the means available now.
At-Talaq 65:7 says the one whose provision is restricted spends from what Allah has given him, and Allah does not burden a soul beyond what He has given it; al-Baqarah 2:286 affirms the same principle. In law, Act 303 s.61 bases the assessment of maintenance on the means and needs of the parties; s.66 empowers the court to vary or rescind a subsisting maintenance order where there is a material change in circumstances. Note also s.69: unsecured arrears of maintenance are recoverable as a debt from the defaulting party, and if they accrued before his death they become a debt payable out of his estate. 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 When maintenance lapses.

Sources

Surah at-Talaq 65:7Surah al-Baqarah 2:286Act 303, s.61Act 303, s.66Act 303, s.69State Islamic Family Law Enactment
← PreviousA child's Eid money and cash gifts — do they belong to the child or to the parents?Next →Maintenance has been in arrears for months. Can it be claimed as a debt?

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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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