Maintenance of children after divorce

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: If a woman who is divorced has two daughters; 21 and 18 years. The mother is a teacher and working, thus earning and seeing to the needs of the family. The father has no contact and does not support his daughters.

1) Who’s responsibility is it to see to the needs of the two daughters?

2) In the event of the father passing on, who is next in category to sustain the daughters?

3) Can zakaat be given to them to sustain their needs currently?

4) Is it the responsibility of the mother to sustain the daughters, albeit the two daughters have already passed the age of maturity?

5) What/When will the two daughters be eligible to be aided with zakaat for their needs?

Bismillaah

A:

1. It is the father’s duty to take care of his daughters. If he does not then other family member like uncles, grandfather etc. should take care.

2. Elder brothers and the grandparents.

3. Yes.

4. If they cannot manage taking care of themselves then the mother should take care.

5. If they are in constraints they could be supported.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

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