Although a wife’s and children’s right to alimony (nafaqah) is clearly defined under Sharia law and legal frameworks, some women and their children in Afghanistan are still deprived of these natural rights in the absence of their husbands.
Based on the jurisprudential principle “maa laa yatimmul-waajib illaa bihi fahuwa waajib” meaning “What is necessary to fulfill an obligation is itself obligatory,” and the views of legal experts, when a husband migrates to another place to provide for his wife and children—including food, clothing, shelter, healthcare, and other basic needs—it is his obligation to regularly send them living expenses.
Legal experts also emphasize that a husband must, under all circumstances—whether present at home or living abroad—determine a specific amount for the living expenses of his wife and children.
Some women in Panjshir, Daikundi, and Kabul provinces, in interviews with Salam Watandar, say that their husbands have migrated to earn a living, but their husbands’ families ignore their rights. After their husbands’ migration, these women’s roles within the family are diminished, and the money sent by their husbands is spent without their knowledge or participation.
Zainab Hossaini, a mother of two children from Panjshir, says that after her husband traveled abroad, her alimony is no longer provided, and she struggles greatly to meet her family’s basic needs.
“My husband went to Iran for work, and I live with his family. His income is managed by his brothers, and I have no control over it. My rights are not respected, and I face neglect and restrictions. I hardly receive money even for essential expenses,” she says.
Fatima Karimi, a mother of four children from Daikundi, says that her husband has gone abroad to provide for the family, but her father-in-law manages his income, and she has no role in it.
“My husband went to Iran for work, and I live with his family. I am not included in decision-making at all and must obey others. My husband’s income is managed by my father-in-law, and nothing is given to me. My access to money is very limited, and I did not react strongly to it,” she adds.
Maryam Ahmadi, another interviewee from Kabul, says that after her husband went abroad, she was excluded from decision-making, and her rights have not been respected by her husband’s family. According to her, the only thing she did in response was to verbally protest.
“My financial and personal rights are not properly respected. Even for essential needs, accessing money is very difficult for me, and I must ask permission. When my rights were violated, I only protested verbally, but it had no result. Overall, after my husband left, my position within the family has weakened,” she says.
Sharifullah Sharifi, a religious scholar, says that under Islamic Sharia, a man is obligated to fully provide for his wife’s and children’s alimony and expenses even while traveling. In case he is unable to do so, he must sell his property or take out a loan, but he has to fulfill his obligation fully.
“A wife has full rights over her husband regarding food, clothing, and all her other rights. Even when he travels, he must cover all the expenses of his wife and children until he returns. If he lacks facilities, he may sell his property to provide for his family’s expenses. From an Islamic jurisprudential perspective, if the husband sends money and the family misuses it, the wife has the right to file a legal claim,” he says.
Parwiz Khalili, a legal expert, says that when a man travels abroad intending to provide living expenses, he remains obligated under the enforced laws in Afghanistan to provide alimony for his wife and children. He emphasizes that if he fails to do so, the wife may first raise the matter verbally and subsequently file a complaint with the judicial authorities.
“When a husband goes elsewhere to earn money in order to fulfill his wife’s and children’s rights, wherever the wife lives—whether at her parents’ or in-laws’ home—the alimony sent by the husband belongs to her. This is entrusted to the woman herself, and no one, under any circumstances, has the right to take possession of it,” he says.
He also adds that if the husband sends a lump sum for the family, he should clearly specify his wife’s share. He explains,
“If the money is sent as a single amount, and since the son belongs to this family, the husband should clearly say: ‘Father, this amount is for my wife and children; 5,000 for my mother, and 2,000 for you.’ These rights must be clearly defined by the husband. If the husband’s family does not respect these Sharia-based rights, the woman has the right to first raise the issue with her husband and, if necessary, refer it to the court, reporting that the alimony sent by her husband has been misused or neglected.”
Marziya Yaqin, a women’s rights activist, says that when women do not have access to money that belongs to them, such attitudes gradually become normalized within families.
“When a woman does not have access to the money that belongs to her, over time this behavior becomes normalized within the family. Such situations undermine women’s independence, strengthen injustice, and can even be passed on to future generations. To prevent this problem, husbands must clearly support their wives’ rights, women must have direct access to their money, and families’ awareness of women’s rights must be raised,” she says.
According to Islamic Sharia and the Civil Code of Afghanistan, a wife’s alimony is determined based on the husband’s financial capacity, but it must not be less than her basic needs. Article 1107 of the Civil Code of Afghanistan states that alimony includes all customary and appropriate necessities according to the woman’s situation, such as shelter, food, clothing, healthcare, and medical expenses.
Reporter: Sharifa Qasemi
