AN ANALYSIS OF THE LITERATURE ON CHILDREN'S MAINTENANCE RIGHTS UNDER ISLAMIC LAW AND SHARIAH

Abstract

The divine being known as Allah Ta'ala is credited with the creation of humanity, which was then placed into the earthly realm and interconnected through a multitude of ties. Subsequently, he included the affection inherent in these interpersonal connections into the fabric of human nature, wherein individuals derive contentment from companionship with their fellow human beings and exhibit a preference for cohabitation. There exists a strong bond between parents and children. To ensure the sustainability of this partnership, Allah Almighty has established specific rights and responsibilities. Similar to how children are obligated to fulfil their parents' requests, parents likewise possess certain rights that Allah Almighty has mandated about their children. According to the revered hadith, it is stated that every individual assumes the role of a guardian, and consequently, each guardian will be held accountable for those under their care. The individual persist in their prayers, praying to Allah to bestow virtuous offsprings to them who would bring them immense joy and not become a source of hardship or adversity.

The primary concern in present-day family affairs revolves around the issue of child support determination and the corresponding financial obligations associated with it. As per Islamic teachings, the family structure holds significant importance in Muslim countries, particularly within Pakistani society. Under their respective social standing, individuals in these societies demonstrate a substantial commitment to financially supporting their parents. Typically, affluent families experience fewer challenges and disputes about child support, whereas parents from middle-class and economically disadvantaged backgrounds express concerns stemming from limited financial means. However, disagreements within these latter groups are relatively few. Child support delinquency escalates into a critical situation when a marital dissolution or separation occurs between spouses. In this scenario, both the rearing of the offspring and the financial obligations associated with fulfilling their necessities are impacted. They are unquestionably affected by the circumstances.

The emphasis on children's rights in the context of Sirat al-Taiyybah has led to the recognition of their importance. The Holy Prophet (peace and blessings of Allah be upon him) established a revered tradition known as the Sunnah, which the entire Ummah has to follow until the Day of Judgement. The dissemination of jurisprudence and legal precedents about children's rights, particularly the right to maintenance, should be made accessible to the general public. Individuals would thus be able to learn about and successfully apply these principles in practical settings, addressing the current problems in this field era.