Chapter on Custody and Maintenance

When a marriage ends — whether by divorce or death — the welfare of children and the financial obligations of family members become central concerns of Islamic law. Ibn Abi Zayd al-Qayrawani addresses both custody (hadhanah) and maintenance (nafaqah) within the framework of the Maliki school, presenting a system designed to protect both children and dependent family members.

Custody (hadhanah) refers to the right and duty to care for a young child who is unable to care for himself. The Maliki school's approach to custody prioritizes the wellbeing of the child while respecting the natural attachment that mothers have to their young children. The mother retains custody of her children after divorce: for sons, until puberty in the dominant Maliki position; for daughters, until marriage and consummation. This is one of the most generous custody allocations for mothers across the four schools.

The mother's right to custody is contingent on her being fit for the role — she must be sane, capable, and not engaged in conduct harmful to the child's religious or worldly welfare. If she remarries a man who is not a mahram to the child, she forfeits custody according to the Maliki school, as the new husband's presence is considered potentially harmful to the child's upbringing. The custody then passes to the next eligible female relative: the maternal grandmother, then the maternal aunt, then the paternal grandmother, and so on, before reaching male relatives.

Financial maintenance (nafaqah) is the husband's obligation to provide for his wife and children. The husband must provide adequate food, clothing, and housing appropriate to his means and her social standing. This obligation persists during the marriage and, for the wife, continues throughout the waiting period (iddah) after a revocable divorce. After an irrevocable divorce, the Maliki school provides maintenance only to the pregnant woman for the duration of the pregnancy.

A father is financially responsible for his children until they reach the age of independence: for sons, until puberty and the capacity to earn; for daughters, until marriage and the transfer of financial responsibility to the husband. The Maliki school also places maintenance obligations on parents toward indigent parents — adult children must support their parents if they are unable to support themselves, provided the adult child has sufficient means. This filial maintenance obligation extends upward to grandparents as well.

The Maliki school holds that a wife who has independent means is not required to contribute to household expenses — her maintenance is the husband's sole responsibility. However, if she voluntarily contributes, this is regarded as praiseworthy. The amount of maintenance is not fixed in currency but is calibrated to the husband's financial condition: if he is wealthy, the amount rises; if he is in straitened circumstances, it is reduced to a minimum sufficient for sustenance.