Child Maintenance Assessment in Shariah Courts: Integrating Maslahah and Mafsadah for Fairer Outcomes

Abstract

Child maintenance remains one of the most contested issues in Islamic family law, particularly in the context of judicial assessment within Shariah Courts. Although the obligation to provide maintenance for children is firmly established under Islamic legal principles, the principal challenge lies in determining an amount that is both adequate for the child’s welfare and proportionate to the financial capacity of the father. Existing practices frequently rely on broad judicial discretion without a structured evaluative framework, resulting in inconsistencies, limited transparency, and perceptions of procedural unfairness. This study critically examines the assessment of child maintenance through the integration of maslahah (public interest/welfare) and mafsadah (harm prevention) as foundational principles of maqasid al-shariah. Employing a qualitative normative methodology, the study analyses statutory provisions, classical juristic sources, contemporary scholarship, and selected Shariah Court decisions concerning child maintenance. The findings indicate that current judicial approaches generally acknowledge the child’s needs and the payer’s financial ability, yet these considerations remain implicit and insufficiently operationalised. In many cases, child welfare is narrowly interpreted as basic material needs, while broader dimensions such as education, healthcare, emotional wellbeing, and long-term development receive less systematic attention. Similarly, potential harms to the payer, including excessive financial burden, non-compliance, and prolonged litigation, are rarely assessed within an explicit balancing framework. The study proposes a more structured child maintenance assessment model based on the prioritisation of needs, contextual financial evaluation, and a transparent balancing of welfare and harm. Such an approach would enhance consistency, strengthen judicial legitimacy, and promote fairer outcomes in Shariah Courts. The study contributes to contemporary debates on Islamic family law reform by demonstrating how maqasid-oriented principles can be translated into practical judicial assessment mechanisms.