Q: My question is regarding maintenance. My husband and I have two daughters and a son that is four months old. My husband’s ex wife has dragged him to court for maintenance numerous times and he has told the court he can not afford that which she is asking but can pay a lesser amount. The councillor in charge of his case has now told him to get a better job and that I should find a job to so that I can support our children and he must then support his previous child. I need to know what Shari’ah says regarding the fact that my husband must solely see to that child and not the children he has with me. His ex-wife has also on numerous occasions told him why did he have another baby when he can’t support her daughter. And that her daughter was there first so she deserves everything. I’m quite shocked and hurt that she would be so towards my kids when we don’t ask her for anything. She is married to a sheik and is in purdah but belittles my children when ever they appear in court.
A: All his children deserve an equal treatment. Preferential treatment on who came first is baseless.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Ebrahim Salejee (Isipingo Beach)