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Choosing a place to live in maintaining family resilience: The perspective of maqashid al-usrah Arifandi, Saddam; Rouf, Abd.
Asy-Syari’ah : Jurnal Hukum Islam Vol. 11 No. 2 (2025): Asy-Syari'ah: Jurnal Hukum Islam, June 2025
Publisher : LP3M Universitas Islam Zainul Hasan Genggong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55210/assyariah.v11i2.2097

Abstract

: The obligation of a husband to provide a residence for his wife is one of the key aspects of Islamic marriage. However, many couples still live with their parents or in-laws due to economic limitations, potentially affecting family dynamics. This study aims to analyze the most appropriate place to live after marriage in maintaining family resilience from the perspective of maqashid al-usrah according to Jamaluddin 'Athiyyah. Using a normative legal approach and qualitative analysis of literature, this study applies seven indicators of maqashid al-usrah to evaluate different residential patterns. The findings show that living independently in one's own home is more conducive to achieving family harmony, especially in terms of maintaining marital intimacy, minimizing parental interference, and strengthening the husband's leadership role. Among the seven indicators, tahqiq al-sakn wa al-mawaddah wa al-rahmah and tandhim al-janib al-mu’assasi li al-’usrah are the most influential. In conclusion, while living with parents or in-laws is not inherently negative, residing in an independent home is more aligned with the objectives of Islamic family resilience.
Reinterpreting Marital Maintenance: A Maqāṣid al-Sharī’ah Study on Skincare and Cosmetics Consumption in Indonesia and Algeria Barkah, Mochamad Riskana; Rouf, Abd.
KALOSARA: Family Law Review Vol. 5 No. 2 (2025): Kalosara: Family Law Review
Publisher : Program Studi Keluarga Hukum Islam Fakultad Syariah Institut Agama Islam Negeri (IAIN) Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/kalosara.v5i2.11524

Abstract

In Islamic law, research on marital maintenance (nafkah) has traditionally focused on clothing, food, and shelter. In contrast, the role of skincare and cosmetics as part of a wife’s maintenance remains underexplored, especially in a comparative context between Indonesia and Algeria. Prior studies limit nafkah to basic needs, overlooking emerging consumption patterns shaped by health awareness and modern self-care practices. This study addresses this gap by reinterpreting nafkah through the lens of maqāṣid al-sharī’ah and ‘urf, employing a normative-comparative approach. The research examines classical and contemporary fiqh sources, national regulations—including Indonesia’s Marriage Law and Compilation of Islamic Law, and Algeria’s Code de la Famille—and recent socio-cultural dynamics in both countries. Findings suggest that skincare, due to its preventive and health-related functions, aligns with ḥifẓ al-nafs (protection of life/health) and ḥifẓ al-’irḍ (protection of dignity), and thus qualifies as obligatory nafkah bil-ma’rūf. Cosmetics are conditional, required only if they were part of the wife’s pre-marital habits (‘urf khāṣṣ) or requested by the husband, falling under taḥsīniyyāt. Comparative analysis highlights differences in family law orientation: Indonesia tends toward a formalistic approach, whereas Algeria adopts an adaptive framework emphasizing ‘urf through the Maliki school. This study contributes to contemporary Islamic family law discourse by illustrating how consumption culture, gender expectations, and modern health practices intersect with marital obligations.   Keywords: Maqāṣid al-Sharī’ah, Reinterpretation of Nafkah, Skincare and Cosmetics, ‘Urf