Questions Marriage and family

Who pays child support after divorce in Islam?

Checked by our team

Short answer

The father. A father must provide his children's food, clothing, housing, schooling and medical care, whether or not he is still married to their mother, as long as he is able. This lasts for a son until he can earn and for a daughter until she marries. The mother does not have to pay from her own wealth if the father can.

Hanafi position

Maintenance (nafaqah) of children is the father's duty alone when he is able, and it continues after divorce. It lasts for a son until he is old enough to earn, and for a daughter until she marries. He also pays for nursing, and in the Hanafi school a wage to the mother for custody after her iddah ends.

The four schools agree on this.

Explanation

Allah says, "Upon the father is the mothers' provision and their clothing according to what is acceptable" (2:233), and that if divorced mothers nurse the child, the father must pay them (65:6). When Hind complained that her husband did not give enough for her and her child, the Prophet ﷺ told her to take what was enough for her and her child, reasonably. The four schools agree that the father carries this duty, though they differ in some details.

  • What it covers: food, clothing, a home, schooling, medical care and reasonable needs, according to his means and the child's needs (65:7).
  • How long: a son until he can earn a living, longer if disabled; a daughter until she marries.
  • The mother: after her iddah she may be paid for nursing, and Hanafis add a wage for custody. During the iddah her own maintenance is also due. See iddah.
  • If the father is poor: he spends what he can; in some cases other relatives help, and a mufti can explain the order.

A father who refuses is committing a serious sin. The Prophet ﷺ said it is enough sin for a man to neglect those he must provide for. A mother may claim support through an Islamic council or the courts. In Western countries, official child support usually matches this duty, and a Muslim father should pay it in full.

Support is not a weapon. It does not depend on visits or on how the divorce went. See custody after divorce and a husband's duty to provide.

Ask a mufti about your own case. This answer explains the general ruling. When the details of your situation matter, as they do here, ask a qualified mufti and give them the full facts. Where to ask a scholar.

The evidence

Quran, Surah Al-Baqara 2:233

۞ وَٱلْوَٰلِدَٰتُ يُرْضِعْنَ أَوْلَٰدَهُنَّ حَوْلَيْنِ كَامِلَيْنِ ۖ لِمَنْ أَرَادَ أَن يُتِمَّ ٱلرَّضَاعَةَ ۚ وَعَلَى ٱلْمَوْلُودِ لَهُۥ رِزْقُهُنَّ وَكِسْوَتُهُنَّ بِٱلْمَعْرُوفِ ۚ لَا تُكَلَّفُ نَفْسٌ إِلَّا وُسْعَهَا ۚ لَا تُضَآرَّ وَٰلِدَةٌۢ بِوَلَدِهَا وَلَا مَوْلُودٌۭ لَّهُۥ بِوَلَدِهِۦ ۚ وَعَلَى ٱلْوَارِثِ مِثْلُ ذَٰلِكَ ۗ فَإِنْ أَرَادَا فِصَالًا عَن تَرَاضٍۢ مِّنْهُمَا وَتَشَاوُرٍۢ فَلَا جُنَاحَ عَلَيْهِمَا ۗ وَإِنْ أَرَدتُّمْ أَن تَسْتَرْضِعُوٓا۟ أَوْلَٰدَكُمْ فَلَا جُنَاحَ عَلَيْكُمْ إِذَا سَلَّمْتُم مَّآ ءَاتَيْتُم بِٱلْمَعْرُوفِ ۗ وَٱتَّقُوا۟ ٱللَّهَ وَٱعْلَمُوٓا۟ أَنَّ ٱللَّهَ بِمَا تَعْمَلُونَ بَصِيرٌۭ ﴿٢٣٣﴾

Mothers may breastfeed their children two complete years for whoever wishes to complete the nursing [period]. Upon the father is the mothers' provision and their clothing according to what is acceptable. No person is charged with more than his capacity. No mother should be harmed through her child, and no father through his child. And upon the [father's] heir is [a duty] like that [of the father]. And if they both desire weaning through mutual consent from both of them and consultation, there is no blame upon either of them. And if you wish to have your children nursed by a substitute, there is no blame upon you as long as you give payment according to what is acceptable. And fear Allah and know that Allah is Seeing of what you do.

The father pays for the child and the nursing mother.

Quran 2:233, translation by Sahih International

Quran, Surah At-Talaaq 65:6

أَسْكِنُوهُنَّ مِنْ حَيْثُ سَكَنتُم مِّن وُجْدِكُمْ وَلَا تُضَآرُّوهُنَّ لِتُضَيِّقُوا۟ عَلَيْهِنَّ ۚ وَإِن كُنَّ أُو۟لَٰتِ حَمْلٍۢ فَأَنفِقُوا۟ عَلَيْهِنَّ حَتَّىٰ يَضَعْنَ حَمْلَهُنَّ ۚ فَإِنْ أَرْضَعْنَ لَكُمْ فَـَٔاتُوهُنَّ أُجُورَهُنَّ ۖ وَأْتَمِرُوا۟ بَيْنَكُم بِمَعْرُوفٍۢ ۖ وَإِن تَعَاسَرْتُمْ فَسَتُرْضِعُ لَهُۥٓ أُخْرَىٰ ﴿٦﴾

Lodge them [in a section] of where you dwell out of your means and do not harm them in order to oppress them. And if they should be pregnant, then spend on them until they give birth. And if they breastfeed for you, then give them their payment and confer among yourselves in the acceptable way; but if you are in discord, then there may breastfeed for the father another woman.

A divorced mother who nurses the child is paid by the father.

Quran 65:6, translation by Sahih International

Quran, Surah At-Talaaq 65:7

لِيُنفِقْ ذُو سَعَةٍۢ مِّن سَعَتِهِۦ ۖ وَمَن قُدِرَ عَلَيْهِ رِزْقُهُۥ فَلْيُنفِقْ مِمَّآ ءَاتَىٰهُ ٱللَّهُ ۚ لَا يُكَلِّفُ ٱللَّهُ نَفْسًا إِلَّا مَآ ءَاتَىٰهَا ۚ سَيَجْعَلُ ٱللَّهُ بَعْدَ عُسْرٍۢ يُسْرًۭا ﴿٧﴾

Let a man of wealth spend from his wealth, and he whose provision is restricted - let him spend from what Allah has given him. Allah does not charge a soul except [according to] what He has given it. Allah will bring about, after hardship, ease.

Support is measured by the father's means.

Quran 65:7, translation by Sahih International

Sahih al-Bukhari 5364

Sahih

... خذي ما يكفيك وولدك بالمعروف ...

"Take what is enough for you and your child, reasonably."

A child's support is the father's duty, and the mother may claim it.

Sahih al-Bukhari 5364 · Sahih · Read on sunnah.com

Sunan Abi Dawud 1692

Graded hasan

... كفى بالمرء إثما أن يضيع من يقوت ...

"It is enough of a sin for a man to neglect those he must provide for."

Failing to support one's children is a grave sin.

Sunan Abi Dawud 1692 · Graded hasan by al-Albani · Read on sunnah.com

Where the ruling is recorded

  • al-Hidaya, Kitab al-Talaq, Bab al-Nafaqah, on the maintenance of children. The father alone maintains his young children, and the mother is not compelled to.
  • Radd al-Muhtar (Ibn Abidin), Kitab al-Talaq, Bab al-Hadanah. The custody wage owed to the mother after her iddah.

Checked by our team. For a more accurate answer to your own situation, consult a scholar. Quran translation by Sahih International. Hadith Arabic from the standard editions of the six books and the Muwatta, with gradings as recorded there; the English is our own rendering. Spotted a mistake? Tell us.