The penalty for a son capable of providing support if he abandons either of his parents who are unable to earn a living, under the Omani Penal Code
First: What are the general components of maintenance (alimony):
According to Islamic law and the law, maintenance includes food, clothing, housing, medical care, and all essentials required for a person’s livelihood, as determined by custom.
When determining maintenance (alimony or financial support), consideration is given to the financial means of the provider, the condition of the recipient, and the prevailing economic situation in time and place. A man is required to spend on his parents and children if they are in need and poor. Legally, a man is obligated to support his parents and his sons and daughters if they are poor and he has the means to provide for them.
The obligation of supporting one’s parents is established by the Qur’an, the Sunnah, and scholarly consensus. As for the Qur’an, Allah the Almighty says: “And your Lord has decreed that you worship none but Him, and that you show kindness to your parents.” (Al-Isra 17:23).
Among kindness to them is to provide for them when they are in need. As for the Sunnah, the Prophet said to Hind: “Take what is sufficient for you and your children according to what is customary.” (Agreed upon).
ʿĀʾishah (may Allah be pleased with her) narrated that the Prophet said: “The best of what a man eats is from his own earnings, and his children are part of his earnings.” (Narrated by Abu Dawood, 3528; authenticated by Al-Albani in Irwāʾ al-Ghalīl).
As for scholarly consensus, Ibn al-Mundhir said: “The scholars have agreed that it is obligatory for a child to support his poor parents who have no source of income or wealth. And all those whose opinions we preserve among the scholars agree that it is obligatory for a person to provide for his young children who have no wealth.”
Conditions for Parental Maintenance
The obligation to provide maintenance (financial support) for parents is subject to three conditions:
First: The parents must be poor — having no money or earnings sufficient to meet their needs without the help of others. If they are financially capable, either through property or income that suffices them, then maintenance is not obligatory, because it is imposed as a form of support, and the wealthy have no need for such support.
Second: The person upon whom maintenance is obligatory must possess the means to provide for them, either from his wealth or from his earnings.
Third: The provider (the one obliged to spend) must be an heir, in accordance with the words of Allah the Almighty: “And upon the heir is [a duty] similar to that”— because inheritance implies a kinship bond that makes the heir more entitled to the wealth of the deceased than others; thus, it is fitting that this heir should also bear the duty of supporting them financially.
Parental Maintenance under the Omani Personal Status Law
- Article (63) of the Personal Status Law provides:
“(a) A financially capable child, whether male or female, adult or minor, must provide maintenance for his or her parents if they have no money from which they can be supported.
(b) If the parents’ money is insufficient for their maintenance, the financially capable children shall be obliged to provide the remainder.”
- Article (64) of the same law states:
“(a) The maintenance of the parents shall be divided among their children according to each child’s financial capacity.
(b) If one of the children voluntarily provides for the parents, he has no right to claim reimbursement from his siblings.
(c) If the maintenance is provided after a judicial ruling obliging them to do so, he may seek reimbursement from each of them according to the court’s judgment.”
- Article (65) of the Personal Status Law further provides:
“If the child’s income does not exceed what he needs for himself, his wife, and his children, he shall be required to include his parents who are entitled to maintenance as part of his household.”
Accordingly, from the above provisions, it is clear that a child is obliged to provide maintenance for his or her parents if they have no money to support themselves, or if their money is insufficient for their maintenance. The parents’ maintenance expenses are distributed among their children according to each child’s financial ability. In cases where a child’s income does not exceed his own needs and the needs of his wife and children, he is required to include his parents—who are entitled to maintenance—within his household expenses. Thus, the law has covered parental maintenance in all situations that may occur in real life.
What is the penalty for a financially capable child who neglects to support either of his parents who are unable to earn a living?
The criminal legislator has specified a particular provision that imposes a penalty on a financially capable child who neglects to support either of his parents who are unable to earn a living. Article (279) of the Omani Penal Code states:
“A person shall be punished with imprisonment for not less than ten (10) days and not more than three (3) months, and with a fine of not less than one hundred (100) Omani rials and not more than five hundred (500) Omani rials, or with either of these two penalties, if the father or the mother, in the absence of a capable father, abandons his or her child who is incapable of earning a lawful living without providing support. The same penalty shall apply to a financially capable child who abandons either of his parents who are unable to earn a living without providing support.”
Conclusion:
It is advised, before taking the matter to court, to seek mediation through righteous and wise individuals who can advise and counsel the son, and work to reconcile him with his parents. His voluntary willingness to provide support out of goodwill, without resorting to the courts, is better for maintaining his inner peace and earning his parents’ satisfaction.
However, if this fails and the son persists in his refusal, there is no harm in bringing the matter before the Sharia judge, who will take the appropriate legal action. In all cases, the farther family matters remain from courts and disputes, the better it is for family unity.
Conclusion:
In conclusion, we ask Almighty God that this effort and work be purely for His sake. May God guide our steps, bless our efforts, and make this study and work beneficial. He is All-Hearing and Responsive.
Prepared by: Dr. Mohammed Gharbawi
Al-Alawi & Co – Lawyers and Legal Consultants
Muscat, Sultanate of Oman