
Q5. Discuss the principles of Maintenance (Nafaqa) under Muslim Law. Outline the persons entitled to maintenance and highlight the effect of conversion and differences between Shia and Sunni Law.
Under Muslim Law, maintenance encompasses food, raiment (clothing), and lodging. It is a legal obligation arising out of marriage and blood relations.
| Aspect of Maintenance | Sunni (Hanafi) Law | Shia (Ithna Ashari) Law |
| Maintenance of Relatives | Liability falls on the father. If he is poor, it falls on the mother, then the paternal grandfather. | Liability is shared. If the father is poor, liability falls jointly on the mother and the paternal grandfather based on inheritance shares. |
| Wife’s Right (Arrears) | A wife cannot claim past arrears of maintenance unless it was fixed by an agreement or court order. | A wife can claim arrears of maintenance even if there was no prior agreement or court order. |