The Quranic Foundation
Two key texts:
2:233 (in the context of nursing children): “Upon the father is their sustenance (rizq) and clothing (kiswa) in a reasonable manner (bil-ma’ruf).” The “reasonable manner” standard — ma’ruf — is a key principle: nafaqah must be adequate and appropriate, not minimal.
65:6-7: “Lodge them according to your means where you live… and if they are pregnant, then spend on them until they give birth… Let the possessor of abundance spend from his abundance, and he whose provision is restricted — let him spend from what God has given him.”
What Nafaqah Covers
Housing (Maskan): The husband must provide a separate dwelling appropriate to the wife’s status. In a modern context: a home or apartment of an appropriate standard.
Food (Qut): Provision of basic daily food needs.
Clothing (Kiswa): Clothing appropriate to the wife’s social status and the season. The Hanafi school requires seasonal renewal.
Household Necessities: Cleaning materials, essential household items.
Medical Care: The Hanafi and Maliki schools include basic medical care; Shafi’i view is more nuanced.
When Nafaqah Lapses
Nafaqah is conditional on tamkin (the wife making herself available for the marital relationship):
- If the wife leaves the marital home without valid reason: nafaqah lapses in most schools
- If the wife is imprisoned: Hanafi view — nafaqah continues; Shafi’i — lapses
- During khul’ proceedings: complex, varies by school
- Nushuz (unjustified refusal): nafaqah lapses
Post-Divorce Nafaqah
After divorce, the husband owes: (1) nafaqat al-‘idda — nafaqah during the waiting period; (2) mut’ah — a departure gift recommended by the Quran (2:241). After the ‘idda ends, the ex-wife’s right to nafaqah terminates unless she is nursing.
See also: Fiqh Al Mahr, Fiqh Al Khul, Fiqh Al Hibah, Fiqh Al Fara Id, Fiqh Al Nikah Al Mutah