The Religious Duty of Spousal Maintenance

A Jurisprudential Study on Its Prerequisites and Guidelines for Estimation During Financial Ease and Hardship

Abstract

One of the most distinguished features of the social system in Islam is its profound emphasis on the family unit, with particular attention given to the spouses, upon whom the Divine Law has conferred special care. This emphasis is clearly reflected in the precise articulation of their mutual rights and obligations, as established by the Almighty’s statement: “And for them is [a right] similar to what is upon them, according to what is just”)Surah Al-Baqarah, 2:228(.

In accordance with this noble verse, the husband is religiously obligated to provide for his wife and to fulfill all her lawful needs. Ja‘fari jurisprudence affirms the wife’s right to maintenance, regardless of her financial standing, whether she is wealthy or in need. This financial obligation is binding upon the husband and remains so unless discharged through payment or willingly waived by the wife.

The research further investigates the conditions, classifications, and criteria for determining maintenance — in terms of its nature, quantity, and quality — by examining the authoritative positions of Ja‘fari jurists, supported by textual and rational evidence, and favoring the opinion upheld by the strongest proofs.

Moreover, the study addresses the juristic perspectives concerning cases of non-fulfillment of maintenance, whether the husband is financially capable or constrained, while presenting the supporting arguments in a clear and concise manner.