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Journal Article
حق النفقة للطفل
2012
Overview
The child is the one of an age less than that of puberty. The support a child is entitled to includes sufficient amounts of bread, food, clothes, accommodation and other necessary living means provided to the one who takes care of him. The child is entitled to support according to proofs from the Holy Qur'an, Prophet's, consensus of scholars and intellectual reasoning. The author concludes her study by listing the measures through which the Islamic Sharee'ah guarantees the right of the child to support. The most important ones are the following: The child's support should be provided from his property if he has any. The child's support should be provided by his father if the latter is alive. The child's support should be sufficient and if disputes arises as to its amount, the ruler is the one who estimates the amount of support. The father's solvency is not a condition for him to support his child. Mixing the property of the orphan with that of the guardian is conditional on safeguarding and investing it properly. A foundling child's support should be provided by the state treasury. The child kept by his mother is provided support by his father and if he has no father, his relatives should provide support.
