Child maintenance

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.