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Maintenance under Muslim Law (Nafaqa)
Under Muslim law, the obligation to provide maintenance, or nafaqa, arises only under certain conditions, specifically when the claimant, such as a child, parent, or other relative, lacks the means or property to support themselves. Unlike other systems of law, this obligation is not absolute. For example, while the duty to maintain children exists similarly to Hindu law, it does not apply if the children have an independent source of income. The same principle extends to aged parents and other relatives within prohibited degrees of relationship. Furthermore, the duty of maintenance is proportionate to the obligor's share in their property.
For children, aged parents, and other close relatives, the person providing maintenance must have sufficient financial capacity. However, in the case of a wife, this obligation is absolute. A husband is required to maintain his wife irrespective of her financial standing, even if he himself lacks the means. This duty is considered a primary obligation under Muslim law, and the maintenance of a wife takes precedence over other relatives.