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Is filing for child support in courts unislamic? If so, how can we come to an agreement as to how much money is needed for maintenance for 5 children?

Answered as per Hanafi Fiqh by Askimam.org

My husband and I have been in the iddah stage for almost a month now. He moved out of the house and hasn’t given any maintenance. I am unemployed with 5 children to support being maintained (basically) by my parents(non-Muslims) who keep demanding discreetly that I file for child support [they can’t afford to support all of us.] I have the impression that my father feels disrespected because I’m not taking his advice over Islam; this is why I need to know asap if I can file for child support through the courts. An Imam advised me not to, but I wanted to know if this is something that is practised by all Muslims, because I don’t really trust this Imam.

Answer

If your husband does not support his children and you have no recourse for him to do that, you may seek refuge through the court for him to pay maintenance.

and Allah Ta’ala Knows Best
Mufti Ebrahim Desai

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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