The waiting period of a divorce or widow (IDDAT)
The waiting period of a divorce or widow (IDDAT)
Iddat has been defined as the waiting period for a widow or divorced. In sharait terminology it is the waiting period for a woman when her NIkah with a man is no more extant for one reason or the other, The waiting period means that after the cessation of nikah the woman has to restrain herself for another Nikah till the prescribed period is over.
PROBLEM:- The Iddat begins after the annulment of Nikah by the woman whose husband has expired or a separation takes place between them provided the marriage was consummated by the sexual union. There is no Iddat for an adulteress, though she may be pregnant, she may marry with the man with whose sexual contact, she was rendered pregnant. If she marries with another man then no sexual intercourse is permissible with him till the birth of the child.
PROBLEM:- In an unlawful or faulty Nikah (Nikah-e-Fasid) if there is separation prior to the intercourse, there is no Iddat but after the sexual intercourse the Iddat is necessary if separation between them takes place.
PROBLEM:- There is no Iddat for the divorced woman whose place of shame is close, although she may have had sexual contact.
PROBLEM:- The woman is given Talaq, raja’ee or baa’in or the nikah is annulled for any reason, and sexual intercourse has taken place, but the woman is not pregnant at present and she gets menses, then the period of Iddat is passing of three menses.
If the woman does not get sense because of being underage or she has reached the age of dryness (ceased to have menses due to old-age) or by the number of years she has reached the age of puberty, but does not have menses, then in all these cases the term of Iddat is three months. (If she is a slave girl, the period is one and a half year.)
PROBLEM:- If the Talaq or the cancellation of Nikah takes place on the first of the month, then 3 months Iddat shall be taken into account according to lunar calendar and if it is some other date, then the month of 30 days or 90 days in all shall be taken for the Iddat.
PROBLEM:- The woman has had the menses but now she does not have it and she has not reached of dryness (of menses) then the term of Iddat is according to the number of menses, Therefore she has three menses or reaches the age of dryness, her Iddat will not be over. And if she did not have menses before, but after the commencement of Iddat she gets the menses, then the term of Iddat shall be three menses.
PROBLEM:- If the Talaq is given in state of menses, this menses will not be counted in the three menses for Iddat. After the present one 3 more menses should pass to complete the term of Iddat.
PROBLEM:- The woman who has been married on an incomplete or faulty nikah (Fasid) and she has undergone sexual intercourse or the woman with whom there has been nominal or pseudo intercourse, the Iddat of both shall be counted on the separation and death (as the case may be) on the basis of menses. If no menses takes place, the Iddat shall be of three months duration.
PROBLEM:- The woman with whom an underage boy commits intercourse or she has only apparent co-habition or on a wrong and illegal nikah, the same Iddat will apply. If the intercourse took place while the boy was underage and on reaching adulthood he divorce her, the same term of Iddat shall also be applicable in this case.
PROBLEM:- In the event of faulty (fasid) nikah the Iddat shall take place from the date of separation or the date when the man abandoned intercourse on his own admission.
PROBLEM:- The Iddat on account of Talaq is from the date of the Talaq whether the woman is aware of this or not. If she comes to know after the passing of three menses then the Iddat will be deemed to have already taken place, or if the man mentions any particular date (of Talaq) then the Iddat will be counted from that date.
PROBLEM:- The Iddat on husband death is four months and 10 days (including the 10th night) when the nikah was lawfully complete and correct, whether or not the intercourse had taken place and whether the husband or wife was underage (minor).
PROBLEM:- If the woman is pregnant, then the Iddat will last till the delivery of the child.
PROBLEM:- For the Iddat on the delivery of the child, there is no time limit fixed. The Iddat comes to an end as soon as delivery takes place when she was in Iddat on account of death or Talaq by her husband, even if the delivery takes place just one minute after the Talaq or the death. In the case of abortion if the limbs of the child have been formed, the Iddat will (immediately) takes place. If twins or triplets are born the last born will mean the end of Iddat.
PROBLEM:- There was given Talaq Raj'ee but th man died during the Iddat the woman will now to complete the Iddat of death. The Iddat of Talaq will lapse.
(Note: I have omitted the case where in it is stated, if pregnancy takes place of the husband. In my opinion this will last suspicion about the woman character. The sperm is the seed of pregnancy. How can seedling take any time for its getting roots in the lamb. This may be examine - Translator.)
In any case of Iddat whether on account of death of the man, or formal talaq or the one based on pregnancy and delivery or three menses whatever term is in process, full term will have to be completed, specially the last phase of Iddat.
THE MOURNING (SOAG).
The Holy Prophet (Allah's grace and peace be upon him) has said that `any woman who believes in Allah and the Day of Judgment should not mourn the death of a person for more than three nights except for the bereavement/demise of her husband which should be for four months and ten days. She should not wear colored clothes except the clothes which is dyed by tying it with threads before spinning into a cloth, she should not apply collyrium (surma) to the eyelids nor tough any perfume but she use very mild perfume after the purification bath of menses. Hina is also forbidden.
Mourning means that she must give up wearing ornaments, jewels, gold, silver, silken clothes, nor apply perfumes on the clothes or the body, even if it be a odorless oil nor comb the hair. The clothes in hues of saffron, giru red etc should also be avoided.
PROBLEM:- However she can wear old and worn dress of fading colours as well as the clothes of black colour, provided it is not silken or other fibers which resemble silk and shining.
PROBLEM:- In case of head-ache or pain in eyes she can apply hair oil or collyrium for relief from pain.
PROBLEM:- Mourning is by the adult sensible Muslim woman when Iddat is due to the death of the husband or on account of Baain Talaq.
PROBLEM:- If the marriage is dissolved due to the impotency of the husband, there is Iddat and in Iddat mourning should be observed.
PROBLEM:- The woman can observe mourning of some close relative, the husband may not allow mourning in sympathy of another woman who husband has died.
PROBLEM:- To wear black clothes in sympathy of some one's death is not permissible, but the woman mourning the death of her husband can wear black clothes but not for more than three days. However, if there is mark of display, the black clothes can be used for the entire period of mourning.
PROBLEM:- To send a clear and open message of nikah to a woman who is in Iddat is haram. However in the case of Iddat of death a guarded and suggestive message can be sent, but not in any other kind of Iddat.
PROBLEM:- A woman in Iddat on account of Talaq Raj'ee or Baain or separation on Khula etc, should not go outside her house. An underage (minor) girl who is in Iddat on account of Rajee Talaq can go out with the permission of her husband, and in the case of Baain Talaq she can go out without the permission.
PROBLEM:- In the event of incomplete/faulty (fasid) nikah, she can go out in Iddat, but the husband can check her.
PROBLEM:- She cannot change her house during Iddat, even if the house is a rented one. The rent of the house during her Iddat is to be paid by the husband. IF the husband has gone out and she can pay the rent even then she must stay in this house.
PROBLEM:- In an Iddat of death the woman can be allowed to go out during the day time to earn her livelihood if there is no alternative for her subsistence. But she spend the night at home.
PROBLEM:- The woman should complete the term of Iddat in the same house in which she was living at the time of separation from her husband or at the time of his death, unless there is some such serious matter over which she has no control and she is compelled to leave/vacate the house.
PROBLEM:- The woman has gone to her mother house or elsewhere when the husband gave her Talaq or he died. In that event the must return to be house without delay.
PROBLEM:- In the event of Talaq Baain there should be a screen between the husband and the wife if both have to stay in the same house (in the Iddat) as she has stranger to him, If the space available is too limited and insufficient to keep them separate during the Iddat, then the husband should stay outside for the time being. But the woman should not be turned out. In the case of Talaq Raj'ee no screening between them is necessary even if the husband is an impious and worthless fellow.
PROBLEM:- The same provision are applicable in respect of Three Talaqs as in the case of Talaq-e-Baain.
PROBLEM:- The husband cannot take the woman out on journey during her Iddat even if it is on Iddat of Talaq-e-Raj'ee.
PROBLEM:- The commands for the Iddat of Talaq Rajee are the same as are for the Talaq-e-Baain, but there is mourning in Talaq-e-Raj'ee. If the woman is given Talaq Rajee in the journey she will remain with the husband and in the journey in some other direction, she can not go with him.
FAMILY IDENTIFICATION OF THE CHILD
The child belongs to him whose wife is she and for the adulterer are the stones.
PROBLEM:- The duration of pregnancy is minimum six months and the maximum two years. Therefore the woman who is in Iddat of Talaq-e-Rajee, but has not confessed the fulfillment of the Iddat. If the child is born during this period, this is the confirmation of the child's identity as being the son of wife's husband (his legitimate parents). If she admits the completion of her Iddat but the duration of Iddat is so prolonged that full Iddat could be completed in it and the child is born within the six months period of her admission (of Iddat) then it is the proof that the child belong to the, although it shows that the woman admission (Iqrar) of her Iddat was wrong. This also proves that the husband had resumed conjugal relations within the Iddat of Talaq-e-Raj'ee, provided the child is born after two years or more after the Talaq. If the child is born in less than this period, then the husband's resumption of husbanding rights is not established as it is possible that the pregnancy is before the Talaq. And if the child is born in less than six months time from the time of admission of her Iddat. Then the legitimacy of child's parentage is established otherwise not.
PROBLEM:- If the woman was given Talaq-e-Baain the child is born within two years of Talaq, then the legitimate parentage is established. If however the child is born after two years, the rightful parentage will not be proved. But if the husband claims that the child belongs to him, then this will be accepted. Or if one child born within two years and the second child afterwards, then the parentage of both the children will be proved.
PROBLEM:- If the child is born within six months of the Nikah, then the child will not be taken as legitimate. If however, the birth takes on after six months time of the nikah, then it will be taken that the parentage is correct or legitimate when the husband keeps quiet or does not admit. And if the husband says that no child is born, then on the evidence of another woman, the birth of the child will be taken as true. Similarly if the husband admits the pregnancy or the latter is apparent, then the Talaq is established, but for the legitimacy of parentage, only the statement of the woman giving delivery is enough. In case two deliveries take place one within six months and the other on or after six months, then the parentage of both the children will remain unproved.
PROBLEM:- If the child is born within two years of the husband death, no parentage with him will be established otherwise not.
PROBLEM:- On the birth of the child the woman says that six months or more than six months time of nikah has passed, while the man says that six months have not elapsed, then the evidence on oath should be taken from the woman and her statement should be accepted. To disprove this, if the husband or his successors desires to produce witnesses, then they should not be listened to.
PROBLEM:- A man commits adultery with a woman and latter marries her, if the child is born in six months or more the parentage will be accepted, and if this birth is in less than six months of marriage, its parentage will not be established even if the husband claims the child as his from the illicit intercourse with the woman.
NOURISHMENT OF THE CHILD.
Nourishment of the child is the right of the mother whether she is in nikah or out of it. However if she has rejected her faith and become apostate, then she cannot nourish/take care of the child or if she is involved in some immoral or indecent activities (adulteress, thief or profession mourner) then the child should not be given in her care. Some scholars are of the opinion that if the woman does not offer regular prayers she too should not be allowed to nourish the child. But the best course is that the child should be under its care in the beginning for so long as he remains infant and when it he begins to show signs of understanding he should be taken away from her and made over to his mother. (The text (P-271) may also mean that the child should his mothers care from the beginning), similarly, the child should not be given to his mother during infancy when she has often to go out of the house because of her profession.
PROBLEM:- IF the mother of the child marries a man who is ghair mehram to the child (a person who is not admitted in the woman apartment), either by reasons of family lineage or due to fosterage, then the child will not remain under his mothers protection. And if she marries a man who is mahram to child lineage, then her right of nourishment will not be abrogated. For example, if she marries the foster uncle of the child, the latter (child) will not remain under her care, because this man in spite of having foster relation is a stranger by family relations. And if she marries a family line uncle of the child, then her rights of nourishment will not lapse.
PROBLEM:- If the mother is unwilling to nourish the child without payment and the father is in a position to oblige her, then he should do so. And if he is poor and cannot afford payment, the child should be given in the charge of the relation next to mother if he is willing to undertake care of the charge without payment, provided the mother has not married the Ghair Mahram relative of the child and it should be made clear to the mother that she must undertake the nourishment of her own without payment or hand over the child to so or so person. In the latter case if the mother desires to see her child often and take him for cares or protection her request should not be turned down.
PROBLEM:- One on whom devolves the care and protection of the child refuses and there is no other woman who can look after the child, then the former shall be pressed to undertake the responsibility, Similarly, if the mother refuse to breast feed the child and the does not accept feeding by any other woman, nor any woman agrees to feed the child without payment and the father is monetarily helpless to pay, then in this acute condition the mother should be compelled to feed her own child.
PROBLEM:- The child is under the nourishment of the mother who is either in the nikah or Iddat of the child father, in this situation the mother shall not be given any compensation for feeding the child. If she is not in the Nikah or the Iddat then she can receiving payment for nourishing the child. She can also claim the amount for the feeding and maintenance on behalf of the child, she can even demand living accommodation and the provision of a servant. All these expenses shall be paid from the assets of the child if there is any, otherwise the man on whom all these responsibilities devolve shall meet the monetary obligations.
PROBLEM:- If the mother had previously refused to nourish the child and now wants to take the child under her care, she can be allowed, in fact this retracing her obligation should be encouraged.
PROBLEM:- If the mother is incapable to nourish her child or she has refused or the woman has married a stranger, now the charge of nourishing the child will be undertaken by grand maternal mother (nani) of the child, if grand maternal mother is not there the responsibility will fall on grand paternal mother (dadi) on the conditions mentioned above. (Note: other eligible relations mentioned in this context (P-272) are mere logical and can hardly be taken recourse to.)
PROBLEM:- If the person eligible and willing to take care of the child be of equal status, then the man deserving of this responsibility is the one who is better, then one who is more righteous then who is elder in age more qualified in other respect.
PROBLEM:- The child is under the charge of the grand mother (nani or dadi) but she is dishonest then the father's sister (phoophi) can take back the child and keep him under his care and protection.
PROBLEM:- The woman on whom is the right/responsibility to nourish the child, should be allowed to keep him so long the necessity of keeping him there remains (unavoidable) or in other words the boy becomes able to look after his basic personal services (eating, drinking) attending to natural calls etc. This be can when he reaches the age of seven or so. There after he should be withdrawn and given under the charge of the father. If he refuses, then he should be compelled to undertake this responsibly.
In the event of the girl begin under the care of her mother she should stay there till she reaches the age of nine. If the girl is married in the age lesser than nine years she should not leave mother's house especially when she physically attractive exciting passion. Merely marriage should not be taken as the end of the responsibility. She should be allowed to go to her husband house when she attains puberty and capable of experiencing matrimonial demands.
PROBLEM:- After reaching the age of seven years, the son will remain under the vigilance of his father or grant father or any patron. But when he becomes adult and possess common sense to distinguish between virtues and vice and is not likely to fall in evil company of young men which may bring infamy and disgrace to the family, he may be allowed to remain wherever he likes. Otherwise he may be advised to stay with family elders. However after reaching adulthood the father/grand father are not obliged to pay maintenance for the son. If they do, it will be a favor.
PROBLEM:- The daughter after nine years age till attains puberty and is given away in marriage, should stay with father / grand father / elder brothers. This is to take precaution for any untoward mishap, causing disreputation to the family. She cannot stay with the son of her uncle for maintenance as he is a non-mahram, where as it is necessary that the girl should live with any Mahram relation. The other alternative is that she may be given under the guardianship of nay righteous woman who may guard her honor with devoted care.
PROBLEM:- The boy had not reached adulthood but he has become fit for working in some suitable trade. There is no harm in sending him out for working and earning to build his future and fortune. It must always be kept in mind that takes up such profession or whereby he may earn and learn (preferably religious education) at one and the same time.
PROBLEM:- In respect of the girl who is proceeding to puberty the same basic principles should be adopted as are suitable and profitable for her as a girl. The choice of avocation is vast and variegated in the female lines, common sense; rather prudence should be applied as far as the future of the girl is concerned, because the problems facing the fair-sex are as delicate as it is they are complex in nature and scope. Sensible parents are expected to make prospective choice, but the most honorable and lifelong peaceful and prosperous choice is to find for her a life partner which may guard and promote their interest in deen-and-dunya.
(Note: In presenting the problems in this context a broad view, has been adopted keeping in mind, at the same time, changes / trends taking place even in Islamic Society. There is no deviation from the basic principles laid down by the Shariat. In a sense these are in elaboration of the age long commandment in this behalf.
PROBLEMS OF MAINTENANCE
In the Shariat Terminology this aspect of Nikah and Talaq is known as NAN-O-NAFQAH, literally meaning Bread and Living Expenditure for which the English Equivalent is Provision for Maintenance of living by the husband. In a broader sense it stands for provision of Food, clothing and house. The come in effect on three counts (1)Marriage (2) Family Lineage and (3) Assets, respectively standing for Zaujiat, Nasab and Milkiyat.
PROBLEM:- The provision of maintenance for the woman by the husband who has married her through a valid and fully documented nikah in the prescribed Islamic manner, the woman may be a believer (Musalman) or unbeliever, free of purchased through a written agreement, indigent or prosperous, consummated (matrimonially) or the consummated, adult or minor but capable of transacting sexual intercourse or physically built to excite passion, even if the husband is minor in age, the maintenance is binding on him, to be paid from his monetary assets. If the husband possession id meager, it will not be given by the father of the husband. However if the father has stood surety on his behalf, the father will pay the maintenance.
PROBLEM:- If the husband is impotent or has an amputated organ (and incapable of sexual intercourse) or weakness on account of disease or has gone out for Hajj, the maintenance is wajib on him.
PROBLEM:- A minor wife who is unfit for sexual intercourse her maintenance is not due on her husband, she may live with her husband or with her father till such time as she becomes fit for conjugal relations. If the minor wife is living in the house provided by her husband for rendering any service or on account of her infatuation for him, the maintenance will be due on the husband.
PROBLEM:- The private parts of the woman is retarded making intercourse impossible or she is gone mad and resists sexual intercourse, even then the maintenance is due on him.
PROBLEM:- In an illegal or defective nikah, no maintenance is payable. If the nikah has been apparently in order and the Qazi has ordered the maintenance, but later on it is discovered that the nikah was not lawfully valid (The wife was found out to be the foster-sister of her husband), then the husband can take back whatever he has given as maintenance on the orders of the Qazi, However if has given the maintenance on his accord without the consent or command of the Qazi, then he cannot take back the maintenance given by him.
PROBLEM:- When an adult woman demands maintenance when she has not gone to her husband house, her demand is valid provided the husband had not till then asked her to accompany him or she has no refused to go along with him. If the woman has refused, it may be due to any of these two reasons, (1)she is demanding instant meher (mehre muajjal) which is her right and she is due maintenance or (2) her refusal is unjustified on account of wrong statement, then no maintenance is due unless she goes to her husband's house.
PROBLEM:- After once the sexual act, has taken place, the wife refuses to go to her husband's house demanding the payment of instant meher (muajjal) as a precondition, then she is entitle to the maintenance (by way of payment of meher), otherwise not.
PROBLEM:- If the woman leaves the husband's house without permission or reason, she will not be entitled to any relief (maintenance) unless she returns.
PROBLEM:- The woman who has been given Talaq will, in all circumstances, receive the maintenance (Nafqah) during her Iddat, whether it is a Talaq Raj'ee or Bain or Three Talaqs, she be pregnant or otherwise.
PROBLEM:- So long as the woman does not reach the age of dryness (permanent stoppage of menses due to old-age), her term of Iddat is three menses. Before reaching this age, if a young woman does not have menses for any reason, she will receive maintenance during her Iddat how so ever it may prolong. If, even till reaching this age she does not get menses, then she will get the maintenance for the duration of three menses when her Iddat will terminate. However if the husband proves on evidence of witness that she has already had three menses, then the demand of maintenance shall lapse.
If, on being given the Talaq the woman disclosed that she is pregnant, then the term of Iddat will continue till after the delivery, which will be two years time from the Talaq. If she does not deliver the child till the end of these two years and the woman still maintains that she did not have menses and believed that she was carrying (pregnancy) she will continue receiving maintenance till the expiry of three menses duration after the age of dryness, that is three months after this age.
PROBLEM:- If the woman does not claim the maintenance of Iddat after the Talaq nor did the Qazi fixed any such amount, then the no maintenance will be due after the Iddat is over.
PROBLEM:- The woman whose husband is long absent and whose whereabouts are not known married another man who had sexual union with her. Now if in the meantime the former husband comes back, then separation shall be effected between the woman and the second husband and the woman shall go through the Iddat, but the maintenance of this Iddat shall be neither on the first husband nor on the second husband.
PROBLEM:- No maintenance is wajib (essential) during the Iddat on death of the husband, whether the woman is pregnant or not. Similarly the separation taking place on account of woman immorality or belief against the religion would not entitle the woman any maintenance.
PROBLEM:- The maintenance is permissible in the khula (separation on woman's demand before a competent authority). However if the khula is granted on the condition that the woman will not demand maintenance or accommodation (or cost thereof) the woman will not get maintenance, but the husband will have to pay for the accommodation (residence), because the woman has no right to dispense with the payment on account of residence.
PROBLEM:- In the event of Eelaa, Zihaar or Liaan by the husband against his wife (there have been discussed in length in the preceding pages) or he forsakes his religion (becomes apostate or murtid) or he commits intercourse with the mother of his wife or a wife of an impotent husband secures separation, in all cases the woman will get the maintenance.
PROBLEM:- If husband and wife are both rich and the question of maintenances comes up between them then the same will be paid as among the rich, and if both are poor, then the maintenance will on the level of their living condition. And in the event of disparity or mixed level of living, the maintenance will of an average standard suitable and agreeable to both, with some concession or favor towards the woman.
PROBLEM:- While providing maintenance the wife should not be pressed for undertaking domestic work of which she is not used or which is beyond her capacity.
PROBLEM:- On the question of provision of maintenance it is for the husband to provide objects of utility or the domestic requirements.
(Note: The list of articles, to be provided by the husband and other facilities of which the woman is entitled given on P/277 are not of universal or national nature. On the contrary these are of purely local or primitive nature. They have been therefore omitted - Translator)
PROBLEM:- It is upto the husband to provide his wife with everything of necessity or make arrangements by giving the required amount of money. The woman, on her part should not under restraints upon herself which may cause ill effects on her physiques or general health which are the prime source of attraction or endevourment for the husband. He may take any stops to make her live in good trim.
PROBLEM:- If the husband is a poor man without any possession and as such, he is unable to pay the maintenance expenses to his wife. However it is desirable to cause separation on this account. He can be asked on the command of Qazi to earn money through labour or service to meet the responsibility fallen upon him. He might also take loan for this purpose and repay it in installments.
PROBLEM:- The next demand for maintenance is the accommodation for residence. The house which the husband provides should be such that the couple may live in complete privacy, which is the prime necessity for a married pair and it depends their resources how best they can help themselves or the parents of husband can offer their assistance. Other details in this connection can be mutually settled and put in operation.
PROBLEM:- The parents of the woman can come once in a week or as often as it is convenient to see their daughter. Similarly the woman can also visit her parents and other near relations with the permission of her husband.
PROBLEM:- The maintenance due on the underage will be paid by the parents, when the son is poor and resource less. If the adult son is crippled, lunatic or blind and as such is unable to earn his livelihood and arrange for the maintenance, the parents will have to bear this liability.
PROBLEM:- IF the son has some property in his name and there is the responsibility of maintenance on his shoulders, then the money for this purpose can be obtained through sale of his property even if the whole property be consumed in this behalf.
PROBLEM:- When the daughter reaches the age of puberty (she becomes young) and is given away in marriage then the liability of maintenance no longer remains of her father. It is shifted to her husband (and his family member).
PROBLEM:- If the mother receives the maintenances from the father of the child and the same (the money) is lost or stolen, she can once again demand the maintenance from the father of the child. If, however the amount or part of is recovered, it should be returned.
PROBLEM:- The feeding of the child becomes the moral responsibility when no other woman is available, or the child does not accept the (breast) feeding of another woman or the father is poor and cannot pay the amount to other woman while there is no assets as inheritance in the name of the child, In all these unavoidable circumstances it is morally binding on the mother to feed the child, but she cannot be compelled or forced to do so.
PROBLEM:- When the mother is living with her husband or the woman is in the Iddat of Talaq Raj'ee, if she feeds the child she cannot demand any amount, However if she is in Iddat of Talaq-e-Baa'in , she can demand the payment for feeding. If she feeds the child of other woman whose husband is also her husband, she can definitely demand the wage of feeding.
PROBLEM:- If the parents (father, mother) grand father and grand mother and grand maternal parents (nana, nani) are poor indigent, then their maintenance is the responsibility of the man, even if they are able to earn. When this man is will to do and in the term of the Shariat, he is `Sahib-e-Nas'ab. However if the man himself is poor, then the maintenance of his father does not lie upon him. (it is not wajib)
(Note: Further details are purely pre sumptuous and seldom likely to take place in societies other than primitive and orthodox ones - Translator).
PROBLEM:- The maintenance of father, grand father etc is equally wajib (essential) on the son and the daughter if they in their respective capacity as Sahib-e-Nas'ab and or wealthy. Sahib-e-Na'sab means to possess enough assets and resources on which Zakat is levied compulsorily.
PROBLEM:- In the matter of maintenances relating father/offspring the criterion is of nearness/proximity, exclusiveness and not of inheritance for example, when son and grand son are both then the responsibility of maintenance will be on the son and not on the grand son, between daughter and grand son, it is on the daughter, between grand son and the grand daughter , it is equally on both, between daughter and sister it is on daughter.
(Note: The criterion of maintenance between two sets of relation of old and young or the younger will have to look after the elder, and between relations of equal status, the maintenance will have to be provided equally by both - Translator)
PROBLEM:- A student of religious studied will be provided complete maintenance by all his relations jointly or separately because of the importance of religious learning, although he may be young and capable of earning his livelihood.
PROBLEM:- If the relations is not Mahram (e.g. brother beings son of the uncle, cousin) or he is Mahram but relation (e.g. foster brother/sister), or the cousin who is also foster brother, in all these cases no maintenance is wajib. The maintenance of slave is on the master. If he refuses they must earn through labour/service and provide their own maintenance.
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