Is the father financially obligated to provide additional support for his nursing child if the mother is still married to him?

Chapter on Who is More Entitled to Child Custody

Al-Mughni

Book of Maintenance (Nafaqāt)

Book 46 · Issue 1 · Bab 3

Open in Qurani

Primary text

The father is obligated to provide additional maintenance (*nafaqa*) for his child if the child requires more support while the mother is nursing him and remains legally bound (in *hibal*) to the father. This obligation is established based on the saying of God Almighty, "And upon the father is their sustenance and clothing in kindness" (Quran 2:233). Since the mother is entitled to maintenance sufficient for her needs, an increase in her needs necessitates an increase in her allotted maintenance.