What is the basis for determining the required level of spousal maintenance (Nafaqah)?
General Chapter
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
The determination of the required maintenance amount is referred to the Ijtihad (independent legal reasoning) of the judge or their deputy, provided the spouses do not agree upon a specific amount. The judge must mandate sufficient provisions of bread and accompanying food (Adim) for the wife according to her needs and the husband's financial status. For a wealthy woman married to a wealthy man, the provision must be from the highest quality bread consumed by their peers in that locality, along with the best accompanying foods like meat, rice, milk, and necessary cooking fats (ghee, olive oil, tallow, or sesame oil, depending on local custom). For a poor woman married to a poor man, the provision is sufficient sustenance from the lowest quality bread of the locality and the most basic accompanying foods such as fava beans, vinegar, greens, or fermented products, according to their custom, along with necessary oil. A middle-status woman receives sustenance corresponding to the middle standard.
Supporting text
The amount must be determined based on the customary practice concerning people of similar status.