Provision of Nafqah Right to Child: The Islamic Wisdom and Implementation in Pakistan

Abstract

Islamic family law has specified child rights as the key social responsibility of parents and urged them to struggle for positive upbringing of their children. Prophet (SAW) and the companions (RA) set numerous traditions in relation to rights of children i.e., right of life, right of food, shelter and clothes, right of education and training and right of counting them as members of society. Islam bounds a father to bear the responsibility of Nafqah of his child. (Al-Baqarah 2:233). Nafqah consists of food, clothes and shelter.This responsibility also explains the title of qawwām for a husband (Al-Nisā 4:34). This research paper aims to discuss the Nafqah right of a child in Islam. Sharī‘ah Law of Nafqah involves parents and state institutions to fulfill their responsibilities towards children up-bringing. Thus, protection of the right of Nafqah is the key responsibility of a Muslim state. In this study, a brief sketch of Pakistani law is presented with the help of few facts and figures about the provision of child right of Nafqah in Pakistan. The study also presents a comparison of the views of eminent Muslim scholars belonging to different schools of thought, regarding certain limitations that rule the provision of Nafqah to a child, like definitions of dependency and the responsibility of non-Muslim child on his Muslim father etc. Finally, Islamic wisdom regarding the practicality of child’s right of Nafqah in Islamic society is presented in the research paper with the aim of highlighting its pertinence in maintaining a positive and sustainable human society.