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FatwaFederal TerritoriesMarriage & Family

IRSYAD HUKUM SIRI KE-757 : TANGGUNGJAWAB NAFKAH SEORANG ISTERI DAN ANAKNYA ATAS KEMATIAN SUAMI

Who is responsible for supporting a widow and her child after the husband's death?

Short answer

The husband's duty to provide maintenance ends upon his death, because the wife is an heir and his estate is used to support her.

Federal TerritoriesOpinion (irsyad)

A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.

Authority
Federal Territories Mufti Office
Date
Status
Opinion (irsyad)
Series
Irsyad al-Hukum (Umum)
Topic
Marriage & Family

No evidence of gazettement in the source — this is not a gazetted fatwa.

Summary

The husband's duty to provide maintenance ends upon his death, because the wife is an heir and his estate is used to support her. A young child who loses his father is supported by the paternal grandfather, and if there is none, by the mother until the child reaches puberty and can work. Islamic law fixes no set amount, which is determined by sufficiency according to common standards and the provider's means. If the grandfather cannot provide and the mother is destitute, the Zakat Centre or Baitulmal bears the child's needs, and the mother may apply for aid as a poor or needy zakat recipient.

Written in our own words from the original fatwa — check the source before acting on it.

Namun, kewajipan suami memberi nafkah kepada isterinya gugur setelah kematian suami.

Excerpt from the original fatwa · Federal Territories

Read the full fatwa on the Federal Territories website (new tab)

How to cite

Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.

Federal Territories Mufti Office. “IRSYAD HUKUM SIRI KE-757 : TANGGUNGJAWAB NAFKAH SEORANG ISTERI DAN ANAKNYA ATAS KEMATIAN SUAMI”, 23 February 2023. https://muftiwp.gov.my/ms/artikel/irsyad-hukum/umum/5538-irsyad-al-fatwa-siri-ke-757-tanggungjawab-nafkah-seorang-isteri-dan-anaknya-atas-kematian-suami. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/maintenance-of-widow-and-child-after-husband-death/

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Evidence cited

Quran verses

  • Al-Baqarah 2:233
  • At-Talaq 65:7

Hadith

  • Nasaie 2582

Books

  • Asna al-Matalib (Zakariyya al-Ansari)
  • al-Fiqh al-Manhaji