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All Journal INTEGER: Journal of Information Technology Harmoni Dialog Al-Syakhsiyyah : Journal of Law and Family Studies Iqtishadia: Jurnal Kajian Ekonomi dan Bisnis Islam Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam Jurnal Manajemen SYARIAH Journal of Science and Education Research Al-Hukama: The Indonesian Journal of Islamic Family Law PALASTREN: Jurnal Studi Gender
Nasrulloh, Muhammad
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Religion Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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RECONSTRUCTING SPOUSAL RIGHTS AND OBLIGATIONS IN INDONESIAN MARRIAGE LAW: A QIRĀ'AH MUBĀDALAH PERSPECTIVE ON WIVES AS PRIMARY BREADWINNERS Hannan, Abd.; Ch, Mufidah; Jamilah, Jamilah; Nasrulloh, Muhammad; Humairoh, Zummy
JURNAL HAKAM Vol 10, No 3 (2026)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/jhi.v10i3.16210

Abstract

The growing participation of women in the labor market has transformed contemporary family structures, with an increasing number of wives becoming primary breadwinners. However, Indonesian marital law continues to be founded on the male-breadwinner model, positioning husbands as heads of households and primary providers while assigning wives domestic responsibilities. This normative construction no longer reflects contemporary family realities and has generated legal uncertainty, women’s double burden, unequal domestic labor distribution, and inadequate recognition of women’s economic contributions. This study addresses the central question of how Indonesian marital law should be reconstructed to accommodate shifting economic roles while preserving the principles of justice and Islamic family law. Employing normative legal research with statutory and conceptual approaches, the study critically examines the provisions governing spousal rights and obligations in the Marriage Law and the Compilation of Islamic Law through the perspective of Qirā'ah Mubādalah. The findings demonstrate that the principal weakness of the current legal framework lies not in maintaining the husband’s obligation to provide maintenance, but in its failure to recognize women’s economic roles and to regulate reciprocal domestic responsibilities. The study proposes a threefold reconstruction of marital law: (1) reformulating the hierarchical concept of husband as head of household into an equal partnership model; (2) providing explicit legal recognition of wives’ economic contributions as an integral component of family welfare; and (3) establishing shared domestic work and childcare as reciprocal legal responsibilities based on the spouses’ capacities and mutual agreement. The novelty of this research lies in positioning Qirā'ah Mubādalah as a normative framework for reconstructing Indonesian marital law toward a partnership-based and socially responsive family legal system.
Co-Authors Ahmad, Sabarudin Alghani, Raid Baskoro, Aji Doli Witro Ermawan, Mohamad Zakky Ubaid Ermawan, Muhammad Zakky Ubaid Faridatus Syuhadak, Faridatus Hannan, Abd. Hidayah, Ratu Bilqis Naily Humairoh, Zummy Irawati, Diah Ayu Jamilah Jamilah KHOIRUL ANAM Mufidah Ch Nabih, Muhammad Abdul Jawad Noerma Pudji Istyanto Rohmanurmeta, Fauzatul Ma’rufah Septian Ragil Anandita Sholehuddin, Miftah Thoriquddin, Moh. Ubaid Ermawan, Mohamad Zakky Wisnu Mahendri Zakky Ubaid Ermawan, Mohamad Zubair, Muhammad Muizzuddin