Percentage of alimony from the husband’s income and conditions for imposing a prison sentence if the husband refuses to pay alimony
The percentage of maintenance from the husband’s income In the article we know everything about the percentage of maintenance from the husband’s income, and about the maintenance provisions for married women, the region and children. We also show the percentage of salary alimony in Egypt and the percentage allocated to spousal salary and child support before or after marriage, so I invite you to learn more. increase on the site.
If you would like to find out what are the conditions for increasing maintenance and what is maintenance for a small child, click here: What are the conditions for increasing maintenance and maintenance for a minor child?
- Alimony is a legitimate right for women, since it is the husband’s duty to spend on his wife and children, and the law allows a woman to claim this right if the husband refuses to spend money on his wife without a legitimate right.
- The wife has the right to force the husband to pay alimony in the judiciary and the law, and the Egyptian law follows Sharia in the alimony of the wife, and the issue of alimony is from the husband’s income according to the Hanafi opinion.
- On the other hand, the Hanafis said that the reason for a woman’s obligation to take care of her husband means preserving the husband’s rights, that is, sentencing a woman to prison for taking care of her husband’s affairs and fulfilling all marital duties and obedience.
- In these Qur’anic verses, in his book, “The ability to spend is greater than God’s, and there is no burden in life except the comfort that God gives after hardship}, God’s great right.
- Spending on women is different from husband to husband, as if the husband is rich, then he must spend what God has given him from his money, if he is poor, he should spend what God has given him on his wife and children, according to the degree of his poverty.
- In interpreting the verse about maintenance, the scholars say that there are two issues in Sharia maintenance: First is the duty of maintenance, which is clear from the words of the Most High. We know that alimony is required here.
- Second question: The amount of alimony depends on the condition of the man, which makes the alimony a percentage of the husband’s income, so if he is rich, then God spends on the rich.
- Among the Qur’anic evidences for a woman’s support of her husband are many verses, including the word of Almighty God: “Men are the representatives of women with what God has blessed and spent on each other.
You can see Husband’s Rights after Divorce: Husband’s Rights after Divorce and Dowry and Alimony Rights for Divorced Wife.
Legal conjugal custody
- In terms of the law, Article 1 of Law no. 25 from 1920, amended by Law no. 25 from 1929 and amended by Law no. 100 from 1985, stipulates that the wife’s maintenance will be paid by her husband from the date of the contract.
- If he is rich and of another religion, maintenance is obligatory for him if he surrenders to his husband, even if he can.
- The law also stipulates that the decision on maintenance is made according to the husband’s income, and the examination of the husband’s maintenance for the purpose of determining alimony, payment of wages if the husband is an employee, and examination of the husband’s work for his own account.
Ratio of alimony and husband’s income
There are many questions that have been heard, for example, how much does the husband spend per month. Does the wife’s monthly alimony vary according to the husband’s income? We give all the answers here:
- A wife’s maintenance varies monthly depending on the type and nature of the husband’s job, as the wife’s alimony is assessed based on several factors, including whether the wife is available to her husband or seeks alimony for herself and her children after the divorce.
- The wife’s alimony before the divorce, while it is available to the husband, amounts to a quarter of the husband’s salary if the husband works as a worker or works continuously and has a constant income.
- There are cases in which the woman is not allowed to give alimony, so it is estimated that the woman has no right to alimony, and in that case the woman is disobedient because disobedience does not require monthly alimony.
- Maintenance for women under Egyptian law differs from maintenance for children in that it includes food and clothing for the wife, maintenance for the children, and includes food, clothing and shelter.
- The percentage of alimony that the children receive from the husband’s salary is considered a quarter of the husband’s salary, and this amount is calculated according to other criteria, because the alimony must not be less than the minimum standard of living.
- There is also alimony for a divorced husband, and the law stipulates that a woman has the right to monthly alimony, and divorce does not affect that alimony, and the higher the husband’s income, the higher the alimony for the wife and children.
Click here to know the rights of a disobedient husband: rights of a disobedient husband after divorce and manifestations of wife’s disobedience to her husband
Ways of application of provisions on exchange
- The provisions on alimony are applied in different ways depending on the situation of the husband and the wife, because the husband is a civil servant, who was dismissed from his job.
- The decision in his favor must provide an executive copy of the work in order to receive the estimated amount from the employer.
- The awarded amounts are deducted from the salary according to the percentages determined by law, 25% for a wife or a divorced wife, 40% for a husband with more than one wife, 25% for parents or one wife, 35% for parents or less.
- A wife or a divorced woman 40% for one or two children or parents or one of them, a husband or a divorced woman who has more than two children has half of the salary deducted, and in all cases a percentage of the income is deducted. exceeds 50%, which will be divided among the users.
- Also, if the prisoner does not work in the state administration, and the bank warns him to make a payment every month and deposit it in the cash register of Nasser Social Bank or one of the bank branches, the payment can be made through Nasser Social Bank.
- In the event that the convicted person refuses to pay alimony, the bank has the right to charge the costs and fees paid on his behalf in addition to the actual costs incurred by the convicted person’s non-payment, and the bank spends a maximum of £500.
- Another way of executing a maintenance order is payment through court bailiffs, and the husband’s money, assets or money in banks are confiscated through court bailiffs in order to pay the owed maintenance.
- If the previous methods have failed, as stated in the text of the law, the custody case will be initiated in accordance with the text of Article 76 of Law no. 1 from 2000 for the year 2000 (If the convict refuses to implement the final decision regarding costs, fees and similar requests, then he can be condemned. He can be referred to the court in the district where the enforcement is carried out, and when it is proven that this convict can do what he was also ordered not to act on the decision within a period of no longer than thirty days).
- In the case of child support, child and relative expenses, wages, school and medical expenses, and cases of imprisonment are raised for permanent expenses, and if payment is not made, a prison sentence is imposed.
- As stated in the text of the lawsuit, in which a prison sentence is allowed if it is not paid, it is not allowed to file maintenance lawsuits because the costs have not been calculated and the dowry is delayed, and this delay does not include the right of a divorced woman or widow.
- In addition, the determination of maintenance deduction in accordance with the provisions of Article 293 (a person against whom an enforceable court decision has been issued to pay maintenance to a wife, relative or father-in-law or to whom it is paid for care, care, or housing, and refuses to pay with the authority to pay after three months warning) It is also possible. He shall be liable to imprisonment for a term not exceeding one year and to a fine not exceeding five hundred pounds, or to either of these two penalties.
Also read the conditions for divorce in Islam here: Conditions for divorce in Islam and conditions for divorce in court
Conditions for imprisonment of a husband who refuses alimony
A prison sentence is prescribed for a husband who refuses to pay alimony to his children and wife, and that is:
- The person filing the enforcement (spouse and children) makes the final decision on alimony, benefits or similar issues.
- Your decision is final based on quorum.
- Evidence of the husband’s ability to fulfill.
- The husband abandoned the foreclosure after the court ordered him to be detained for 30 days and to stay the foreclosure based on payment.
- Alimony must be paid by a final judgment, and the judicial investigation decided to approve the payment and refused the payment.
For more information on the reasons for refusing a divorce, click here: Reasons for refusing a divorce case and women’s rights prescribed by law
At the end of the article about the percentage of maintenance from the husband’s income, we hope that we have given a complete statement about the percentage of maintenance from the husband’s income, and we have clarified the provisions of the law that regulate this issue, and we know how to apply maintenance and how to get it from the husband in different ways.