Is financial support obligatory between relatives of different religions?

General Chapter

Al-Mughni

Book of Maintenance (Nafaqāt)

Book 46 · Issue 2 · Bab 1

Open in Qurani

Primary text

There is no obligatory support between relatives whose religions differ when the kinship line does not involve the direct ascendants or descendants (non-'amudayn). The reasoning is that this support is a form of kindness and connection (*ṣilah*), which is not obligatory when religions differ, similar to the obligation of paying Zakah, retribution (*'aql*), or inheritance. However, there are differing opinions regarding support between direct ascendants and descendants (the *'amudayn* family line). One narration, considered the position of Al-Shafi'i, obligates support even with differing religions, reasoning that since support is due when religions agree, it should be due when they differ, analogous to the wife's or slave's maintenance. This view also holds that since a relative is freed upon embracing the same religion, support should be due upon them as if their religions agreed.

Supporting text

The view supporting the non-obligation states that because they are not mutually inheriting, support is not due based on kinship, similar to cases involving a slave. This differs from the maintenance of wives, which is compensation due even in poverty and thus not negated by differing religions, similar to the dowry or wages.