Fathers’ Child Maintenance Obligations after Divorce: The Hanafi and Shafi’i Views

Abstract

This study examines a father's obligation regarding the amount of child maintenance (nafkah) after divorce through a comparative study of the Shafi'i and Hanafi schools. The research is motivated by differences between the two schools on the limits of this obligation and its relevance to Islamic law in Indonesia. The study aims to analyze the views of the Shafi'i and Hanafi schools on a father's obligation regarding the amount of maintenance owed to a child after divorce, and their relevance to Islamic legal provisions in Indonesia. This is normative legal research using a comparative approach, with data obtained through library research drawn from the Qur'an, hadith, classical fiqh texts, the Compilation of Islamic Law, legislation, and other relevant literature. The findings show that, according to the Shafi'i school, the obligation of maintenance remains the father's responsibility until the child reaches puberty, and continues if the child is still unable to be independent for reasons justified by Sharia. Under the Hanafi school, maintenance for a son ends once he reaches puberty and is able to work, while maintenance for a daughter remains the father's responsibility until she marries. Neither school fixes a specific nominal amount; both base it on the father's ability and the child's needs. Islamic law in Indonesia, through the Compilation of Islamic Law and the Marriage Law, likewise affirms that a father remains obliged to bear child maintenance costs after divorce according to his ability, giving it closer relevance to the Shafi'i view.