Islam assigns for each individual in the society a hierarchical order to take care of his or her basic needs. The first level of support falls upon the individual himself. Islam made it an obligation upon able men to work and provide for themselves and their dependents. Allah (SWT) in Surah Al-Mulk (chapter 67, verse 30) urges people to take advantage of the plenty of resources in the earth; He says, “He it is Who has made the earth subservient to you (i.e. easy for you to walk, to live and to do agriculture on it); so walk in the path thereof and eat of His provision. And to Him will be the Resurrection.” Prophet Mohammad (PBUH) is reported to have said, “Rather than asking people for support, which may or may not be granted, a man should go out and seek work such as bringing wood on his back from the forests and selling wood.”147 It is established that all able men are required to seek work and provide for their own basic needs and for those who depend on them. This rule applies exclusively to males in the society. Women in Islam are not required to work in order to provide for their basic needs. Islam mandated alimony support for all women, whether they are able to work or not; women support comes under the category of support for daughters, wives, or mothers. In the same manner, Islam mandated alimony support (called Nafaqah in Islamic terms) for all men who are unable to work due to disability or being unable to find work.
The hierarchy of alimony (Nafaqah) responsibility is established in a reverse order of inheritance. That is, the legal inheritor of a person is also legally responsible for taking care of the basic needs of that person. The inheritor responsibility principle is stated in the Quran in Surah Al-Baqara (chapter 2, verse 233): “No person shall have a burden laid on him greater than he can bear. No mother shall be treated unfairly on account of her child, nor father on account of his child. And on the inheritor is incumbent the like of that (which was incumbent on the father).” In essence, the male inheritor who is eligible to inherit a person after he/she dies is also responsible for taking care of that person, if he becomes poor before his/her death.
Of course this is true only if the person is unable to attend for his or her own needs. If a deceased person has no legal inheritors, the state becomes his legal inheritor, and by the same logic, the state is the legal caretaker of such a person. It is narrated that the Prophet (PBUH) had said, “I inherit whoever has no legal inheritors.” It is established in the Shari’ah that when the Prophet refers to himself in a legal manner, it is taken that he is actually referring to the state.
To understand the principle of reverse inheritance caretaking, let’s look at some examples. A married woman, for example, is to be supported by her husband, as indicated in the Quran and the Sunnah. In Surah Al-Talaq (chapter 65, verse 6) it says, “Provide them (wives) with the same housing as you provide for yourselves.” It continues to say in verse 7, “Let the rich man spend (on his wife) according to his means; and the man whose resources are restricted, let him spend according to what Allâh has given him.” Prophet Mohammad also said, “Their right (wives) upon you is to provide them with good housing and clothing,” emphasizing the basic needs of woman as an individual in the society. The basic needs of each woman, whether rich or poor, are guaranteed by either by the husband (if married), the father, the sons, or the brothers. Note that the husband, the sons, the father, and the brothers are legal inheritors of a woman. If none of these parties are able to provide for the basic needs, the support is escalated to the state. The state uses one of several funds, as explained later on, to provide for the basic needs of a woman whose immediate relatives are either absent or unable to provide the necessary support.
The basic needs of a male individual are guaranteed as follows. A healthy and able adult male is required to work and support his own self and those who depend on him. When a man asked the Prophet for support, it is narrated that the Prophet had provided the man with food for the day and an ax and asked the man to cut woods and make money and provide for himself and his family.148 The father is in charge of his own children for support when the children are young and remain unable to work and satisfy their own needs. When the parents grow old, their support falls upon their able sons. The right of support for parents upon their sons is established in the Quran and Sunnah. It says in Surah Al-Isra (chapter 17, verse 23), “And your Lord has decreed that you worship none but Him. And that you be dutiful to your parents (including support). If one of them or both of them attain old age in your life, say not to them a word of disrespect, nor shout at them but address them in terms of honor.” The Prophet (PBUH) is narrated to have said in response to a question posed by one of his companions as to who deserves the highest level of support, “Your mother, then your mother, then your mother, then your father, then your closest relatives.” The close relatives are taken to be the brothers and sisters and their children. One of the companions of the Prophet (PBUH) narrates that the Prophet had said, “Allah commands you to take care of your mothers then your fathers and then your relatives, the closest first.”149 In response to another question on the issue of support, the Prophet explained that support should be provided to the mother, father, sister, and brother.150
Essentially, Islam assigned for each poor individual a party, which, if not poor itself, should be responsible for fulfilling the basic needs of that individual. Islam went to the extent of giving preference for paying alimony support over debt payment. In other words, if a person is in debt and at the same time has a wife, a child or parents to take care of, he is first required to satisfy the needs of his immediate relatives and then he can take care of the debts. This is not to diminish the significance of paying debt; it simply shows the importance of satisfying the needs of each individual in Islam. The support provided to children, parents, brothers, and sisters is enforced under the Islamic law by the Islamic court and state. In other words, this issue is not left to the discretion of individuals. In the meantime, Islam recognized the possibility that some individuals may remain out of the scope of the support of immediate relatives due to the poor status of their responsible party or the fact that some individuals do not have any immediate relatives. For these reasons, Islam provided other mechanisms to compensate for such situations such as the Zakah and the state-sponsored funds.