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What are the procedures and advice that should be followed in a lawsuit filed by the husband with the Sharia Court regarding the custody of his minor daughters, especially after his neglect in spending on them for many long years? And is the mother entitled to claim her overdue maintenance and her daughters' maintenance, knowing that she is divorced, righteous, suffers from health conditions, and relies on her daughters for household matters?

1 min readAlso available in العربية

The wife's maintenance is obligatory upon the husband by the Quran, Sunnah, and scholarly consensus, and it does not lapse with the passage of time. If the husband leaves it for a period, it remains a debt upon him. As for the maintenance of children, if its time has passed, scholars differ regarding its lapse. Some have held that it lapses with the passage of time unless it was decreed by a judge or someone spent on them without the intention of donation. Therefore, if maintenance was not decreed for them, and you did not spend with the intention of recourse against their father, then you cannot claim it. However, if it was decreed for them, or you spent with the intention of recourse, then you may claim it, along with an oath or evidence. It is advisable to consult the Sharia courts to resolve these matters.

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Original fatwa ID
76684
Imported
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