What determines the standard of the wife's required maintenance (Nafaqah)?
General Chapter
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
The general ruling is that if a wife renders herself to her husband as required, she is entitled to all her necessities, including food, drink, clothing, and lodging. The standard of her maintenance is considered based upon the financial status of both spouses. If both are wealthy (Muserin), the maintenance of the wealthy is due. If both are in straitened circumstances (Mu'sireen), the maintenance of the impoverished is due. If they are of moderate means (Mutawassitin), maintenance reflective of that level is due. If one is wealthy and the other poor, the maintenance of the moderately situated is due, irrespective of which spouse holds the wealth.
Supporting text
Abu Hanifa and Malik hold that the standard for maintenance is considered based upon the wife's capacity for her own sufficiency, citing the verse concerning the duty of maintenance and clothing in a fair manner (Quran 2:233), arguing that 'Ma'ruf' means sufficiency. They also reference the Hadith of Hind where sufficiency was considered for her and her children without reference to the husband's means, as maintenance is obligatory to repel her need, similar to the maintenance of slaves. Al-Shafi'i considers only the husband's financial condition, based on the verse regarding spending according to one's means (Quran 34:7).