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All Journal El-Faqih : Jurnal Pemikiran dan Hukum Islam
Hari Widiyanto
Institut Agama Islam An-Nawawi Purworejo, Indonesia
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Fenomena Istri sebagai Pencari Nafkah Utama dalam Perspektif Mazhab Syafi’i Muchamad Khoirul Umam; Hari Widiyanto; Ahmad Nursobah
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 2 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri, , Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v11i2.1979

Abstract

This phenomenon raises questions regarding the legal status of financial support (nafkah), the obligations of husbands and wives, and the legal implications when viewed through the lens of Shafi’i jurisprudence. The research employs a normative-juridical method with a library research approach, drawing on classical Shafi’i fiqh literature as well as secondary sources such as books, journals, and relevant articles. Data were analyzed descriptively and analytically by outlining normative provisions in Shafi’i jurisprudence and linking them to contemporary social realities. The findings reveal that, according to the Shafi’i school, the husband’s obligation to provide financial support does not lapse even if the wife works or assumes the role of the main breadwinner, as this obligation is a consequence of the marriage contract. Meanwhile, wives are permitted to work as long as they obtain their husband’s permission, adhere to Islamic legal guidelines, and do not neglect household responsibilities. Thus, the phenomenon of wives as primary breadwinners is permissible insofar as it is carried out within the framework of Islamic law as understood in the Shafi’i school.
Dampak Negatif Pernikahan Dini Terhadap Kualitas Hidup Perspektif Maqhasid Syariah dan Undang-Undang Pernikahan Nomor 16 Tahun 2019 Muhammad Ali Masykur; Hari Widiyanto; Arifuat Marzuki
El-Faqih : Jurnal Pemikiran dan Hukum Islam Vol. 11 No. 2 (2025): EL FAQIH
Publisher : Institut Agama Islam (IAI) Faqih Asy'ari Kediri, , Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58401/faqih.v11i2.2014

Abstract

Early marriage remains a prevalent phenomenon in Indonesia, with a profound impact on the quality of individuals’ lives. From the perspective of Maqāṣid al-Syarī‘ah, marriage is considered a completion of worship aimed at achieving human welfare. Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 on Marriage stipulates the minimum age for marriage for both men and women as 19 years old. This provision aims to prevent and minimize various negative consequences arising from the practice of early marriage. This study aims to analyze the essence of early marriage from the perspective of Law Number 16 of 2019 and Maqāṣid al-Syarī‘ah, identify the factors contributing to the high prevalence of early marriage, and examine its impacts on individuals’ quality of life.This research employs a qualitative method with a library research approach, enabling the researcher to gain an in-depth understanding of early marriage from the perspectives of Maqāṣid al-Syarī‘ah and the Compilation of Islamic Law, as well as its implications for individuals’ lives. The findings reveal that early marriage has negative impacts on various aspects of life, including family economic instability, low income levels, increased risks of poverty, divorce, and even neglect. Limited financial resources also lead to difficulties in accessing healthcare services, which consequently affects the overall quality of family health.
Co-Authors Ahmad Nursobah Arifuat Marzuki Muchamad Khoirul Umam Muhammad Ali Masykur