VIVA ANSWER MAINTENANCE

Mazhab Syafii
According to Imam al-Shafi'i in qaul Jadid, wife maintenance is an obligation when a married
woman was volunteered himself to been consummated (al-taslim)
Mazhab Hanafi
According to Imam Hanafi, the main reason the husband must resonsible for maintenance
the wife because the! have become husband and wife based uon marriage (valid)" Husband
had the right to #ee his wife live or be at home with him" $he right is called the right of al-
Habs (ie husband holding his wife's right to discharge his duties as a wife)"
Mazhab Hambali & Mazhab Maliki
%aintenance is required for wife because of the willingness to been consummated" $his
means that, although there is a legal marriage contract, as long as she was not willing to give
herself to her husband, so long as it is been consummated she was not entitled to the
maintenance"
Malaysian Family Law Islami! Family Law A!" #F$%$&al T$&&i"'&y( A!" )*+,
Section &' - (ower of )ourt to order maintenance of wife, and the effect of nus!u*"
(+) $he )ourt ma!, sub,ect to Hu#um S!ara', order a man to a! maintenance to his wife or
former wife"
Section -+ - Assessment of maintenance"
In determining the amount of an! maintenance to be aid, the )ourt shall base its assessment
rimaril! on the means and needs of the arties, regardless of the roortion the maintenance
bears to the income of the erson against whom the order is made"
Section -& - .ight to maintenance or emberian after divorce"
(+) $he right of a divorced wife to receive maintenance from her former husband under an!
order of )ourt shall cease on the e/ir! of the eriod of 'iddah or on the wife being nus!u*"
(0) $he right of the divorced wife to receive a emberian from her former husband under an
agreement shall cease on her remarriage"
Section 10 - 2ut! to maintain children"
(+) 3/cet where an agreement or order of )ourt otherwise rovides, it shall be the dut! of a
man to maintain his children, whether the! are in his custod! or the custod! of an! other
erson, either b! roviding them with such accommodation, clothing, food, medical attention,
and education as are reasonable having regard to his means and station in life or b! a!ing
the cost thereof"
(0) 3/cet as aforesaid, it shall be the dut! of a erson liable under Hu#um S!ara', to
maintain or contribute to the maintenance of children if their father is dead or his
whereabouts are un#nown or if and so far as he is unable to maintain them"
Section 45 - 2ut! to maintain illegitimate children"
(+) If a woman neglects or refuses to maintain her illegitimate child who is unable to maintain
himself or herself, other than a child born as a result of rae, the )ourt, uon due roof
thereof, ma! order the woman to ma#e such monthl! allowance as the )ourt thin#s
reasonable"
(0) 6.eealed b! Am" Act A'507 s"0&8
(9) A monthl! allowance under this section shall be a!able from the date of commencement
of the neglect or refusal to maintain or from such later date as ma! be secified in the order"