Iddat

IDDAT (The waiting period of a divorce or widow).

Iddat has been defined as the waiting period for a widow or divorced. In sharait terminology
it is the waiting period for a woman when her NIkah with a man is no more extant for one
reason or the other, The waiting period means that after the cessation of nikah the woman
has to restrain herself for another Nikah till the prescribed period is over.

PROBLEM:- The Iddat begins after the annulment of Nikah by the woman whose husband
has expired or a separation takes place between them provided the marriages was
consummated by the sexual union. There is no Iddat for an adulteress, though she may be
pregnant, she may marry with the man with whose sexual contact, she was rendered
pregnant. If she marries with another man then no sexual intercourse is permissible with
him till the birth of the child.

PROBLEM:- In an unlawful or faulty Nikah (Nikah-e-Fasid) if there is separation prior to the
intercourse, there is no Iddat but after the sexual intercourse the Iddat is necessary if
separation between them takes place.

PROBLEM:- There is no Iddat for the divorced woman whose place of shame is close,
although she may have had sexual contact.

PROBLEM:- The woman is given Talaq, rajee or baain or the nikah is annulled for any
reason, and sexual intercourse has taken place, but the woman is not pregnant at present
and she gets menses, then the period of Iddat is passing of three menses.

If the woman does not get sense because of being underage or she has reached the age of
dryness (ceased to have menses due to oldage) or by the number of years she has reached
the age of puberty, but does not have menses, then in all these cases the term of Iddat is
three months. (If she is a slave girl, the period is one and a half year.)

PROBLEM:- If the Talaq or the cancellation of Nikah takes place on the first of the month,
then 3 months Iddat shall be taken into account according to lunar calendar and if it is some
other date, then the month of 30 days or 90 days in all shall be taken for the Iddat.

PROBLEM:- The woman has had the menses but now she does not have it and she has not
reached of dryness (of menses) then the term of Iddat is according to the number of
menses, Therefore she has three menses or reaches the age of dryness, her Iddat will not
be over. And if she did not have menses before, but after the commencement of Iddat she
gets the menses, then the term of Iddat shall be three menses.

PROBLEM:- If the Talaq is given in state of menses, this menses will not be counted in the
three menses for Iddat. After the present one 3 more menses should pass to complete the
term of Iddat.

PROBLEM:- The woman who has been married on an incomplete or faulty nikah (Fasid) and
she has undergone sexual intercourse or the woman with whom there has been nominal or
pseudo intercourse, the Iddat of both shall be counted on the separation and death (as the
case may be) on the basis of menses. If no menses takes place, the Iddat shall be of three
months duration.

PROBLEM:- The woman with whom an underage boy commits intercourse or she has only
apparent co-habition or on a wrong and illegal nikah, the same Iddat will apply. If the
intercourse took place while the boy was underage and on reaching adulthood he divorce
her, the same term of Iddat shall also be applicable in this case.

PROBLEM:- In the event of faulty (fasid) nikah the Iddat shall take place from the date of
separation or the date when the man abandoned intercourse on his own admission.

PROBLEM:- The Iddat on account of Talaq is from the date of the Talaq whether the woman
is aware of this or not. If she comes to know after the passing of three menses then the
Iddat will be deemed to have already taken place, or if the man mentions any particular
date (of Talaq) then the Iddat will be counted from that date.

PROBLEM:- The Iddat on husband death is four months and 10 days (including the
10th night) when the nikah was lawfully complete and correct, whether or not the
intercourse had taken place and whether the husband or wife was underage (minor).

PROBLEM:- If the woman is pregnant, then the Iddat will last till the delivery of the child.

PROBLEM:- For the Iddat on the delivery of the child, there is no time limit fixed. The Iddat
comes to an end as soon as delivery takes place when she was in Iddat on account of death
or Talaq by her husband, even if the delivery takes place just one minute after the Talaq or
the death. In the case of abortion if the limbs of the child have been formed, the Iddat will
(immediately) takes place. If twins or triplets are born the last born will mean the end of
Iddat.

PROBLEM:- The was given Talaq Raj'ee but th man died during the Iddat the woman will
now to complete the Iddat of death. The Iddat of Talaq will lapse.
(Note: I have omitted the case where in it is stated, if pregnancy takes place of the
husband. In my opinion this will last suspicion about the woman character. The sperm is the
seed of pregnancy. How can seedling take any time for its getting roots in the lamb. This
may be examine - Translator.)

In any case of Iddat whether on account of death of the man, or formal talaq or the one
based on pregnancy and delivery or three menses whatever term is in process, full term will
have to be completed, specially the last phase of Iddat.


THE MOURNING (SOAG).

The Holy Prophet (Allah's grace and peace be upon him) has said that `any woman who
believes in Allah and the Day of Judgment should not mourn the death of a person for more
then three nights except for the bereavement/demise of her husband which should be for
four months and ten days. She should not wear colored clothes except the clothes which is
dyed by tieing it will threads before spinning into a cloth, she should not apply collyrium
(surma) to the eyelids nor tough any perfume but she use very mild perfume after the
purification bath of menses. Hina is also forbidden.

Mourning means that she must give up wearing ornaments, jewels, gold, silver, silken
clothes, nor apply perfumes on the clothes or the body ,even if it be a odorless oil nor comb
the hair. The clothes in hues of saffron, giru red etc should also be avoided.

PROBLEM:- However she can wear old and worn dress of fading colours as well as the
clothes of black colour, provided it is not silken or other fibers which resemble silk and
shining.

PROBLEM:- In case of head-ache or pain in eyes she can apply hair oil or collyrium for relief
from pain.

PROBLEM:- Mourning is by the adult sensible Muslim woman when Iddat is due to the death
of the husband or on account of Baain Talaq.

PROBLEM:- If the marriage is dissolved due to the impotency of the husband, there is Iddat
and in Iddat mourning should be observed.

PROBLEM:- The woman can observe mourning of some close relative, the husband may not
allow mourning in sympathy of another woman who husband has died.

PROBLEM:- To wear black clothes in sympathy of some one's death is not permissible, but
the woman mourning the death of her husband can wear black clothes but not for more
than three days. However, if there is mark of display, the black clothes can be used for the
entire period of mourning.

PROBLEM:- To send a clear and open message of nikah to a woman who is in Iddat is
haram. However in the case of Iddat of death a guarded and suggestive message can be
sent, but not in any other kind of Iddat.

PROBLEM:- A woman in Iddat on account of Talaq Raj'ee or Baain or separation on Khula
etc, should not go outside her house. An underage (minor) girl who is in Iddat on account of
Rajee Talaq can go out with the permission of her husband, and in the case of Baain Talaq
she can go out without the permission.

PROBLEM:- In the event of incomplete/faulty (fasid) nikah, she can go out in Iddat, but the
husband can check her.

PROBLEM:- She can not change her house during Iddat, even if the house is a rented one.
The rent of the house during her Iddat is to be paid by the husband. IF the husband has
gone out and she can pay the rent even then she must stay in this house.

PROBLEM:- In an Iddat of death the woman can be allowed to go out during the day time to
earn her livelihood if there is no alternative for her subsistence. But she spend the nigh at
home.

PROBLEM:- The woman should complete the term of Iddat in the same house in which she
was living at the time of separation from her husband or at the time of his death, unless
there is some such serious matter over which she has no control and she is compelled to
leave/vacate the house.

PROBLEM:- The woman has gone to her mother house or else where when the husband
gave her Talaq or he died. In that event the must return to be house without delay.

PROBLEM:- In the event of Talaq Baain there should be a screen between the husband and
the wife if both have to stay in the same house (in the Iddat) as she has stranger to him, If
the space available is too limited and insufficient to keep them separate during the Iddat,
then the husband should stay outside for the time being. But the woman should not be
turned out. In the case of Talaq Raj'ee no screening between them is necessary even if the
husband is an impious and worthless fellow.

PROBLEM:- The same provision are applicable in respect of Three Talaqs as in the case of
Talaq-e-Baain.

PROBLEM:- The husband can not take the woman out on journey during her Iddat even if it
is on Iddat of Talaq-e-Raj'ee.

PROBLEM:- The commands for the Iddat of Talaq Rajee are the same as are for the Talaq-e-
Baain, but there is mourning in Talaq-e-Raj'ee. If the woman is given Talaq Rajee in the
journey she will remain with the husband and in the journey in some other direction, she
can not go with him.



FAMILY IDENTIFICATION OF THE CHILD
(Saboot-e-Nas'l)

The child belongs to him whose wife is she and for the adulterer are the stones.

PROBLEM:- The duration of pregnancy is minimum six months and the maximum two years.
Therefore the woman who is in Iddat of Talaq-e-Rajee, but has not confessed the fulfillment
of the Iddat. If the child is born during this period, this is the confirmation of the child's
identity as being the son of wife's husband (his legitimate parents). If she admits the
completion of her Iddat but the duration of Iddat is so prolonged that full Iddat could he
completed in it and the child is born within the six months period of her admission (of Iddat)
then it is the proof that the child belong to the, although it shows that the woman admission
(Iqrar) of her Iddat was wrong. This also proves that the husband had resumed conjugal
relations within the Iddat of Talaq-e-Raj'ee, provided the child is born after two years or
more after the Talaq. If the child id born in less than this period, then the husband's
resumption of husbanding rights is not established as it is possible that the pregnancy is
before the Talaq. And if the child is born in less than six months time form the time of
admission of her a Iddat. Then the legitimacy of child's parentage is established otherwise
not.

PROBLEM:- If the woman was given Talaq-e-Baain the child is born within two years of
Talaq, then the legitimate parentage is established. If however the child is born after two
years, the rightful parentage will not be proved. But if the husband claims that the child
belongs to him, then this will be accepted. Or if one child born within two years and the
second child afterwards, then the parentage of both the children will be proved.

PROBLEM:- If the child is born within six months of the Nikah, then the child will not be
taken as legitimate. If however, the birth takes on after six months time of the nikah, then
it will taken that the parentage is correct or legitimate when the husband keeps quiet or
does not admit. And if the husband says that no child is born, then on the evidence of
another woman, the birth of the child will be taken as true. Similarly if the husband admits
the pregnancy or the latter is apparent, then the Talaq is established, but for the legitimacy
of parentage, only the statement of the woman giving delivery is enough. In case two
deliveries take place one within six months and the other on or after six months, then the
parentage of both the children will remain unproved.

PROBLEM:- If the child is born within two years of the husband death, no parentage with
him will be established otherwise not.

PROBLEM:- On the birth of the child the woman says that six months or more than six
months time of nikah has passed, while the man says that six months have not elapsed,
then the evidence on oath should be taken from the woman and her statement should be
accepted. To disprove this, if the husband or his successors desires to produce witnesses,
then they should not be listened to.

PROBLEM:- A man commits adultery with a woman and latter marries her, if the child is
born in six months or more the parentage will be accepted, and if this birth is in less then
six months of marriage, its parentage will not be established even if the husband claims the
child as his from the illicit intercourse with the woman.



NOURISHMENT OF THE CHILD.

Nourishment of the child is the right of the mother whether she is in nikah or out of it.
However if she has rejected her faith and become apostate, then she can not nourish/take
care of the child or if she is involved in some immoral or indecent activities (adulteress, thief
or profession mourner) then the child should not be given in her care. Some scholars are of
the opinion that if the woman does not offer regular prayers she too should not be allowed
to nourish the child. But the best course is that the child should be under its care in the
beginning for so long as he remains infant and when it he begins to show signs of
understanding he should be taken away from her and made over to his mother. (The text
(P-271) may also mean that the child should his mothers care from the beginning),
similarly, the child should not be given to his mother during infancy when she has often to
go out of the house because of her profession.

PROBLEM:- IF the mother of the child marries a man who is ghair mehram to the child (a
person who is not admitted in the woman apartment), either by reasons of family lineage or
due to fosterage, then the child will not remain under his mothers protection. And if she
marries a man who is mahram to child lineage, then her right of nourishment will not be
abrogated. For example, if she marries the foster uncle of the child, the latter (child) will not
remain under her care, because this man in spite of having foster relation is a stranger by
family relations. And if she marries a family line uncle of the child, then her rights of
nourishment will not lapse.

PROBLEM:- If the mother is unwilling to nourish the child without payment and the father is
in a position to oblige her, then he should do so. And if he is poor and can not afford
payment, the child should be given in the charge of the relation next to mother if he is
willing to undertake care of the charge without payment, provided the mother has not
married the Ghair Mahram relative of the child and it should be made clear to the mother
that she must undertake the nourishment of her own without payment or hand over the
child to so or so person. In the latter case if the mother desires to see her child often and
take him for cares or protection her request should not be turned down.

PROBLEM:- One on whom devolves the care and protection of the child refuses and there is
no other woman who can look after the child, then the former shall be pressed to undertake
the responsibility, Similarly, if the mother refuse to breast feed the child and the does not
accept feeding by any other woman, nor any woman agrees to feed the child without
payment and the father is monetarily helpless to pay, then in this acute condition the
mother should be compelled to feed her own child.

PROBLEM:- The child is under the nourishment of the mother who is either in the nikah or
Iddat of the child father, in this situation the mother shall not be given any compensation
for feeding the child. If she is not in the Nikah or the Iddat then she can receiving payment
for nourishing the child. She can also claim the amount for the feeding and maintenance on
behalf of the child, she can even demand living accommodation and the provision of a
servant. All these expenses shall be paid from the assets of the child if there is any,
otherwise the man on whom all these responsibilities devolve shall meet the monetary
obligations.

PROBLEM:- If the mother had previously refused to nourish the child and now wants to take
the child under her care, she can be allowed, in fact this retracing her obligation should be
encouraged.

PROBLEM:- If the mother is incapable to nourish her child or she has refused or the woman
has married a stranger, now the charge of nourishing the child will be undertaken by grand
maternal mother (nani) of the child, if grand matermal mother is not there the responsibility
will fall on grand paternal mother (dadi) on the conditions mentioned above. (Note: other
eligible relations mentioned in this context (P-272) are mere logical and can hardly be taken
recourse to.)

PROBLEM:- If the person eligible and willing to take care of the child be of equal status,
then the man deserving of this responsibility is the one who is better, then one who is more
righteous then who is elder in age more qualified in other respect.

PROBLEM:- The child is under the charge of the grand mother (nani or dadi) but she is
dishonest then the father's sister (phoophi) can take back the child and keep him under his
care and protection.

PROBLEM:- The woman on whom is the right/responsibility to nourish the child, should be
allowed to keep him so long the necessity of keeping him there remains (unavoidable) or in
other words the boy becomes able to look after his basic personal services (eating, drinking)
attending to natural calls etc. This be can when he reaches the age of seven or so. There
after he should be withdrawn and given under the charge of the father. If he refuses, then
he should compelled to undertake this responsibly.

In the event of the girl begin under the care of her mother she should stay there till she
reaches the age of nine. If the girl is married in the age lesser than nine years she should
not leave mother's house especially when she physically attractive exciting passion. Merely
marriage should not be taken as the end of the responsibility. She should be allowed to go
to her husband house when she attains puberty and capable of experiencing matrimonial
demands.

PROBLEM:- After reaching the age of seven years, the son will remain under the vigilance of
his father or grant father or any patron. But when he becomes adult and possess common
sense to distinguish between virtue and vice and is not likely to fall in evil company of
young men which may bring infamy and disgrace to the family , he may be allowed to
remain wherever he likes. Other wise he may be advised to stay with family elders.
However after reaching adulthood the father/grand father are not obliged to pay
maintenance for the son. If they do, it will be a favor.

PROBLEM:- The daughter after nine years age till attains puberty and is given away in
marriage, should stay with father / grand father / elder brothers. This is to take precaution
for any untowards mishap, causing disreputation to the family. She can not stay with the
son of her uncle for maintenance as he is a non-mahram, where as it is necessary that the
girl should live with any Mahram relation. The other alternative is that she may be given
under the guardianship of nay righteous woman who may guard her honor with devoted
care.

PROBLEM:- The boy had not reached adulthood but he has become fit for working in some
suitable trade. There is no harm in sending him out for working and earning to build his
future and fortune. It must always be kept in mind that takes up such profession or
whereby he may earn and learn (preferably religious education) at one and the same time.

PROBLEM:- In respect of the girl who is proceeding to puberty the same basic principles
should be adopted as are suitable and profitable for her as a girl. The choice of avocation is
vast and variegated in the female lines, common sense, rather prudence should be applied
as far as the future of the girl is concerned, because the problems facing the fair-sex are as
delicate as it is they are complex in nature and scope. Sensible parents are expected to
make prospective choice, but the most honorable and lifelong peaceful and prosperous
choice is to find for her a life partner which may guard and promote their interest in deen-
and-dunya.
(Note: In presenting the problems in this context a broad view, has been adopted keeping
in mind, at the same time, changes / trends taking place even in Islamic Society. There is
no deviation from the basic principles laid down by the Shariat. In a sense these are in
elaboration of the age long commandment in this behalf.



PROBLEMS OF MAINTENANCE

In the Shariat Terminology this aspect of Nikah and Talaq is known as NAN-O-NAFQAH,
literally meaning Bread and Living Expenditure for which the English Equivalent is Provision
for Maintenance of living by the husband. In a broader sense it stands for provision of Food,
clothing and house. The come in effect on three counts (1)Marriage (2) Family Lineage and
(3) Assets, respectively standing for Zaujiat, Nasab and Milkiyat.

PROBLEM:- The provision of maintenance for the woman by the husband who has married
her through a valid and fully documented nikah in the prescribed Islamic manner, the
woman may be a believer (Musalman) or unbeliever, free of purchased through a written
agreement, indigent or prosperous, consummated (matrimonially) or the consummated,
adult or minor but capable of transacting sexual intercourse or physically built to excite
passion, even if the husband is minor in age, the maintenance is binding on him, to be paid
from his monetary assets. If the husband possession id meager, it will not be given by the
father of the husband. However if the father has stood surety on his behalf, the father will
pay the maintenance.

PROBLEM:- If the husband is impotent or has an amputated organ (and incapable of sexual
intercourse) or weakness on account of disease or has gone out for Hajj, the maintenance is
wajib on him.

PROBLEM:- A minor wife who is unfit for sexual intercourse her maintenance is not due on
her husband, she may live with her husband or with her father till such time as she
becomes fit for conjugal relations. If the minor wife is living in the house provided by her
husband for rendering any service or on account of her infatuation for him, the maintenance
will be due on the husband.

PROBLEM:- The private parts of the woman is retarded making intercourse impossible or
she is gone mad and resists sexual intercourse, even then the maintenance is due on him.

PROBLEM:- In an illegal or defective nikah, no maintenance is payable. If the nikah has
been apparently in order and the Qazi has ordered the maintenance, but later on it is
discovered that the nikah was not lawfully valid (The wife was found out to be the foster-
sister of her husband), then the husband can take back whatever he has given as
maintenance on the orders of the Qazi, However if has given the maintenance on his accord
without the consent or command of the Qazi, then he can not take back the maintenance
given by him.

PROBLEM:- When an adult woman demands maintenance when she has not gone to her
husband house, her demand is valid provided the husband had not till then asked her to
accompany him or she has no refused to go along with him. If the woman has refused, it
may be due to any of these two reasons, (1)she is demanding instant meher (mehre
muajjal) which is her right and she is due maintenance or (2) her refusal is unjustified on
account of wrong statement,then no maintenance is due unless she goes to her husband's
house.

PROBLEM:- After once the sexual act, has taken place, the wife refuses to go to her
husband's house demanding the payment of instant meher (muajjal) as a precondition, then
she is entitle to the maintenance (by way of payment of meher), otherwise not.

PROBLEM:- If the woman leaves the husband's house without permission or reason, she will
not be entitled to any relief (maintenance) unless she returns.

PROBLEM:- The woman who has been given Talaq will, in all circumstances, receive the
maintenance (Nafqah) during her Iddat, whether it is a Talaq Raj'ee or Bain or Three Talaqs,
she be pregnant or otherwise.

PROBLEM:- So long as the woman does not reach the age of dryness (permanent stoppage
of menses due to oldage), her term of Iddat is three menses. Before reaching this age, if a
young woman does not have menses for any reason, she will receive maintenance during
her Iddat how so ever it may prolong. If, even till reaching this age she does not get
menses, then she will get the maintenance for the duration of three menses when her Iddat
will terminate. However if the husband proves on evidence of witness that she has already
had three menses, then the demand of maintenance shall lapse.

If, on being given the Talaq the woman disclosed that she is pregnant, then the term of
Iddat will continue till after the delivery. Which will be two years time from the Talaq. If she
does not deliver the child till the end of these two years and the woman still maintains that
she did not have menses and believed that she was carrying (pregnancy) she will continue
receiving maintenance till the expiry of three menses duration after the age of dryness, that
is three months after this age.

PROBLEM:- If the woman does not claim the maintenance of Iddat after the Talaq nor did
the Qazi fixed any such amount, then the no maintenance will be due after the Iddat is
over.

PROBLEM:- The woman whose husband is long absent and whose whereabout are not
known married another man who had sexual union with her. Now if in the meantime the
former husband comes back, then separation shall be effected between the woman and the
second husband and the woman shall go through the Iddat, but the maintenance of this
Iddat shall be neither on the first husband nor on the second husband.

PROBLEM:- No maintenance is wajib (essential) during the Iddat on death of the husband,
whether the woman is pregnant or not. Similarly the separation taking place on account of
woman immorality or belief against the religion would not entitle the woman any
maintenance.

PROBLEM:- The maintenance is permissible in the khula (separation on woman's demand
before a competent authority). However if the khula is granted on the condition that the
woman will not demand maintenance or accommodation (or cost thereof) the woman will
not get maintenance, but the husband will have to pay for the accommodation (residence),
because the woman has no right to dispense with the payment on account of residence.

PROBLEM:- In the event of Eelaa, Zihaar or Liaan by the husband against his wife (there
have been discussed in length in the preceding pages) or he forsakes his religion (becomes
apostate or murtid) or he commits intercourse with the mother of his wife or a wife of an
impotent husband secures separation, in all cases the woman will get the maintenance.

PROBLEM:- If husband and wife are both rich and the question of maintenances comes up
between them then the same will be paid as among the rich, and if both are poor, then the
maintenance will on the level of their living condition. And in the event of disparity or mixed
level of living, the maintenance will of an average standard suitable and agreeable to both,
with some concession or favor towards the woman.

PROBLEM:- While providing maintenance the wife should not be pressed for undertaking
domestic work of which she is not used or which is beyond her capacity.

PROBLEM:- On the question of provision of maintenance it is for the husband to provide
objects of utility or the domestic requirements.
(Note: The list of articles, to be provided by the husband and other facilities of which the
woman is entitled given on P/277 are not of universal or national nature. On the contrary
these are of purely local or primitive nature. They have been therefore omitted - Translator)

PROBLEM:- It is upto the husband to provide his wife with every thing of necessity or make
arrangements by giving the required amount of money. The woman, on her part should not
under restraints upon herself which may cause ill effects on her physiques or general health
which are the prime source of attraction or endevourment for the husband. He may take
any stops to make her live in good trim.

PROBLEM:- If the husband is a poor man without any possession and as such, he is unable
to pay the maintenance expenses to his wife. However it is desirable to cause separation on
this account. He can be asked on the command of Qazi to earn money through labour or
service to meet the responsibility fallen upon him. He might also take loan for this purpose
and repay it in installments.

PROBLEM:- The next demand for maintenance is the accommodation for residence. The
house which the husband provides should be such that the couple may live in complete
privacy, which is the prime necessity for a married pair and it depends their resources how
best they can help themselves or the parents of husband can offer their assistance. Other
details in this connection can be mutually settled and put in operation.

PROBLEM:- The parents of the woman can come once in a week or as often as it is
convenient to see their daughter. Similarly the woman can also visit her parents and other
near relations with the permission of her husband.

PROBLEM:- The maintenance due on the under age will be paid by the parents, when the
son is poor and resource less. If the adult son is crippled, lunatic or blind and as such is
unable to earn his livelihood and arrange for the maintenance, the parents will have to bear
this liability.

PROBLEM:- IF the son has some property in his name and there is the responsibility of
maintenance on his shoulders, then the money for this purpose can be obtained through
sale of his property even if the whole property be consumed in this behalf.

PROBLEM:- When the daughter reaches the age of puberty (she becomes young) and is
given away in marriage then the liability of maintenance no longer remains of her father. It
is shifted to her husband (and his family member).

PROBLEM:- If the mother receives the maintenances from the father of the child and the
same (the money) is lost or stolen, she can once again demand the maintenance from the
father of the child. If, however the amount or part of is recovered, it should be returned.

PROBLEM:- The feeding of the child becomes the moral responsibility when no other woman
is available, or the child does not accept the (breast) feeding of another woman or the
father is poor and can not pay the amount to other woman while there is no assets as
inheritance in the name of the child, In all these unavoidable circumstances it is morally
binding on the mother to feed the child, but she can not be compelled or forced to do so.

PROBLEM:- When the mother is living with her husband or the woman is in the Iddat of
Talaq Raj'ee, if she feeds the child she can not demand any amount, However if she is in
Iddat of Talaq-e-Baa'in , she can demand the payment for feeding. If she feeds the child of
other woman whose husband is also her husband, she can definitely demand the wage of
feeding.

PROBLEM:- If the parents (father, mother) grand father and grand mother and grand
maternal parents (nana, nani) are poor indigent, then their maintenance is the responsibility
of the man, even if they are able to earn. When this man is will to do and in the term of the
Shariat, he is `Sahib-e-Nas'ab. However if the man himself is poor, then the maintenance of
his father does not lie upon him. (it is not wajib)
(Note: Further details are purely pre sumptuous and seldom likely to take place in societies
other than primitive and orthodox ones - Translator).

PROBLEM:- The maintenance of father, grand father etc is equally wajib (essential) on the
son and the daughter if they in their respective capacity as Sahib-e-Nas'ab and or wealthy.
Sahib-e-Na'sab means to possess enough assets and resources on which Zakat is levied
compulsorily.

PROBLEM:- In the matter of maintenances relating father/offspring the criterion is of
nearness/proximity, exclusiveness and not of inheritance for example, when son and grand
son are both then the responsibility of maintenance will be on the son and not on the grand
son, between daughter and grand son, it is on the daughter, between grand son and the
grand daughter , it is equally on both, between daughter and sister it is on daughter.
(Note: The criterion of maintenance between two sets of relation of old and young or the
younger will have to look after the elder, and between relations of equal status, the
maintenance will have to be provided equally by both - Translator)

PROBLEM:- A student of religious studied will be provided complete maintenance by all his
relations jointly or separately because of the importance of religious learning, although he
may be young and capable of earning his livelihood.

PROBLEM:- If the relations is not Mahram (e.g. brother beings son of the uncle, cousin) or
he is Mahram but relation (e.g. foster brother/sister), or the cousin who is also foster
brother, in all these cases no maintenance is wajib. The maintenance of slave is on the
master. If he refuses they must earn through labour/service and provide their own
maintenance.