692. If The Couple Are Divorced, It's The Father That Is Supposed To Pay For The Children's Upbringing

By Asma Bint Shameem

If the couple are divorced, it’s the *father* that is supposed to pay for the children’s upbringing, education, accommodation etc. according to the Sharee’ah. 

The scholars said:

“Maintenance of children is a duty of the *father*, according to scholarly consensus, whether he remains married to his wife or divorces her, and whether the wife is poor or rich. 

She is not obliged to spend on the children when their father is still alive. 

The woman who has been given a revocable divorce (first or second talaaq) must be given maintenance and accommodation during the ‘iddah, but when her ‘iddah ends, if she is not pregnant, she is not entitled to that. 

In the event that custody of the children is given to a divorced woman, then the children’s maintenance must be paid by their father, and a mother who is breast-feeding may request payment for breastfeeding the child. 

Maintenance of children includes providing accommodation, food, drink, clothing and education, and everything that they need, on a reasonable basis, depending on the husband’s circumstances, because Allaah says: 

“Let the rich man spend according to his means; and the man whose resources are restricted, let him spend according to what Allaah has given him. Allaah puts no burden on any person beyond what He has given him. 

Allaah will grant after hardship, ease”

[al-Talaaq 65:7]

This varies from one country to another and from one person to another.  

If the husband is rich, then his spending should be in accordance with his wealth, and if he is poor or of moderate means, then he should also spend in accordance with his situation. 

If both parents agree on a certain amount of money, whether it is a little or a lot, that is up to them, and in the case of dispute the one who should decide concerning that is the qaadi (judge in a sharee’ah court).”

(Islamqa Fatwaa# 89708)

And Allaah knows best.