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The question

ما حكم أخذ الزوجة نفقة شهرية من زوجها عن طريق المحكمة بشهادة زور؟

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If the spouses agree on the maintenance, there is no need for court assessment. However, if they disagree, the court decides to assess the maintenance in accordance with the husband's financial capacity and the custom of the country, without burdening him beyond his means.

For Allah Almighty said: {And live with them honorably}, and the Prophet, peace and blessings be upon him, said: "Take what suffices you and your child honorably," and he said: "They are entitled to their sustenance and clothing honorably."

The assessment of maintenance refers to custom, not to religious law, and it varies with the differing circumstances of countries and times, and the situation and customs of the spouses. It is assessed daily, weekly, monthly, or annually, depending on the husband's circumstances.

If the wife burdens the husband with maintenance he cannot afford based on false testimony, this is a grave sin and transgression. The false witnesses face a severe punishment as it is one of the major sins, and the wronged husband has the right to remove the injustice against him by all lawful means.

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Ftawy
Original fatwa ID
95423
Imported
Translation status
Source text, unreviewed
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