Abstract:
Child maintenance, a critical component of post-divorce arrangements, profoundly
impacts the well-being and development of children in Muslim families in Sri
Lanka. This paper examines the deficiencies in the current Muslim Marriage and
Divorce Act (MMDA) regarding child maintenance and analyzes how proposed
amendments aim to rectify these issues and their potential effects on Muslim
families. Based on a review of fiqh literature, Islamic Law categorizes maintenance
as Nafaqa, Hadhana, and Rida'a. Nafaqa refers to providing the essential needs of
the wife and child, including food, drink, clothing, and shelter. The amount of
maintenance is determined by factors such as the father's income, the child's age
and needs, and customary practices. Sections 35 to 36 of the Muslim Marriage and
Divorce Act outline the procedures for providing child maintenance. However,
reforming these provisions is essential to address current deficiencies and establish
fair, consistent, and effective mechanisms that prioritize the welfare of children in
Muslim families. These reforms should be implemented in accordance with Islamic
principles, promoting a more just and equitable legal framework for child
maintenance in the Sri Lankan context.
