Is guaranteeing future maintenance (Nafaqah) valid?
General Chapter
Al-Mughni
Book of Maintenance (Nafaqāt)
Primary text
Guaranteeing maintenance, both that which is already due and that which is due in the future, is valid under the condition that maintenance is established as a personal liability (in the *dhimmah*). The foundation of this permissibility rests on the view that maintenance becomes a liability even before it is fully due.
Supporting text
Al-Shafi'i holds that guaranteeing already due maintenance is valid, but there are two opinions regarding guaranteeing future maintenance. This difference arises from the debate over whether maintenance becomes obligatory upon the marriage contract (*al-'aqd*) or upon the husband granting access (*al-tamkin*). The opposing view rejects the guarantee of maintenance not yet due.