Right of Nourishment (Guardianship)

Nourishment has been considered as a sort of guardianship. Those who have no such privilege on themselves (i.e. slave girl etc) will have no right for nourishment. (Ghayatul Autar)

Conditions of nourishment are as follows

(A) The women should be free, matured and trust worthy.
(B) Should be capable of nourishing.
(C) She should not be in marriage bond of a stranger.

Important .For male, excepting the last condition the remaining conditions will be applicable.

The rights of nourishment go to real mother although she is a (Majusi) fire worshipper or belongs to the people of the Books (Ahl-e-Kitab) or divorced or separated from the husband but not left Islam because a renegade (Murtid) does not have the right of nourishment until she accepted Islam again. (Ghayatul Autar)

If the mother is an unchaste and sinful woman or a singer a lamenter or professionally washes the dead bodies or a midwife or an untrust worthy woman or married a stranger (Namahram) to the infant or lives with one who dislikes the child then she has no right of nourish. (Ghayatul Autar)

When the mother is not nourishing the child free of cost and the father is unable to pay maintenance (Nafqah) and if the paternal aunt of the child is ready to nourish free of cost, the child will be handed over to her. The woman who has right for nourishment as per Islamic law, if refuses then she cannot be compelled to do so. But if such woman has become mother by virtue of the fact that the infant refuses to suck milk from the breast of any other woman or the father of the child and the child are not rich enough to employ a foster mother in such conditions the woman would be compelled to become foster mother. (Ghayatul Autar)

If the nourishing woman is not the wife of the child's father or not under probationary period (Iddat), she should be paid three things i.e. (1) wages for nourishment (2) wages for suckling milk and (3) maintenance for the child.

If the nourishing woman has no residential house, the father should provide a house till the nourishment. Similarly if the child depends on a servant then the servant should also be provided. (Ghayatul Autar)

If the mother dies or drops her right of nourishment then the right goes to the maternal grand mother. According to relationship order and capability, although the grand mother may be of distance i.e. the grand mother of the mother or grand mother of grand mother etc, and then the right goes to the mother of the father likewise in the same order. Then his real sister, then mother’s sister, then step sister, then the daughter of real sister, then mother’s sister’s daughter then the aunts in order, first real sister, then step sister, then the daughter of real sister, then motherly sister's daughter, then the aunts in order, i.e. first real, then motherly, then steply, then the daughter of step sister, then niece, then paternal aunt, then mother's maternal aunt, then the father's maternal aunt, then the father's paternal aunt in order after them to distant relations as per heritage rule have the right of nourishment. A sinful relation and unconcious have no right of nourishment. And when the said woman and distant relations, none are existing, then other relations as per the said order deserve it. (Ghayatul Autar)

The nourishing woman may be a mother herself or any other woman the child has right for the period of dependence i.e. till he requires her services and this period is seven years.

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