Child custody and their maintenance are entirely independent rights that don't lapse with khula or divorce regardless of its circumstances or which party caused it. The mother takes priority in custody per the accredited Sharia order, while full maintenance (housing, education, healthcare, daily allowance) remains an obligation on the father regardless of why the marital relationship ended.
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When the mother's custody isn't possible (for a recognized Sharia reason), the order passes to specific relatives per a sequence known in jurisprudence and law, with the court always considering the child's best interest as the governing standard in any custody decision, not just mechanically applying the jurisprudential order without regard to the actual circumstances.
The maintenance amount is set based on the father's actual income, the number of entitled children, and the family's customary standard of living before separation. No fixed published schedule exists; each case needs an assessment accounting for its actual circumstances, and may require providing clear income documents (salary slips, commercial registration) to precisely support the claim or defense.
Maintenance judgments enjoy special enforcement priority compared to ordinary debts, since the enforcement judge can garnish the obligor's salary up to half, giving maintenance greater enforceable force than many other financial claims.
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For related reading, see Marriage Dissolution & Paternity Lawyers in Jeddah or Domestic Violence & Protection Lawyers in Jeddah.Write to us on WhatsApp or call, and we will help you get in touch with an independent lawyer who practises in the Kingdom.
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