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Tinjauan Yuridis terhadap Implementasi Nafkah dan Kebijakan Poligami dalam Hukum Keluarga Islam: Studi Perbandingan Indonesia dan Thailand Nafiah Wachidlatul Jannah; Tubagus Farhan Maulana; Muhammad Ilham Barizi
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 5 No 1 (2025): Syakhshiyyah Jurnal Hukum Keluarga Islam
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/zeepnr83

Abstract

This study provides a juridical analysis of financial support obligations and polygamy policies in Indonesia and Thailand. In Islamic law, providing financial support (nafkah) is a fundamental obligation of the husband toward his wife and children, as prescribed in the Qur’an and Hadith. While both countries recognize Islamic legal principles, they apply distinct legal frameworks in implementing rules on financial support and regulating polygamy. In Indonesia, marriage is governed by Law No. 1 of 1974 and the Compilation of Islamic Law, which imposes strict limitations on polygamy and clearly defines household financial responsibilities. In contrast, Muslim communities in southern Thailand have legal autonomy to apply Islamic family law, including provisions on marriage and financial obligations. This study adopts a normative juridical method and a comparative legal approach to assess the effectiveness of each legal system and its impact on women's rights within marriage. The findings reveal that, despite shared Islamic foundations, significant differences exist in the mechanisms for resolving disputes concerning financial support and polygamy. These differences are primarily shaped by the respective national legal structures and state-religion relations in each country.
Tren Perceraian Karena Financial Independence Istri: Analisis Maqasid Syariah dan Teori Keadilan Gender Naela Rosita; Nafiah Wachidlatul Jannah
Maqasid: Jurnal Studi Hukum Islam Vol. 15 No. 1 (2026): Maqasid: Jurnal Studi Hukum Islam
Publisher : Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/mqsd.v15i1.29922

Abstract

Divorces in Indonesia continues to rise year after year. Many of these divorce lawsuits are filed by wives. One factor that motivates a wife to file for divorce from her husband is her financial independence. When a wife is financially stable, she is no longer dependent on her husband. Therefore, if the husband commits an act that violates the marriage, the wife can easily decide to end the marriage. This study aims to determine the factors causing divorce among financially independent wives, the concept of maqasid sharia in divorce decisions filed by wives, and the rights of wives after divorce from a gender justice perspective. This study is a normative study with a conceptual and case approach. The results show that factors that make financially independent wives easily choose to divorce include the wife's lack of financial dependence, the hope of having equal family relationships, and a high awareness of fighting for her dignity and honor. From the perspective of maqasid sharia, divorce can be a means to maintain the dignity, emotional health, and moral safety of women. According to the theory of gender justice, a wife who is financially independent still has the right to post-divorce rights because the essence of justice is not whether a woman is economically capable or not, but rather the fulfillment of responsibilities and relational respect.  The implications of this research suggest that a wife's financial independence should not be understood as a threat to the integrity of the marriage, but rather as a protection of the maqasid sharia and the enforcement of gender justice in marital and post-divorce relationships. Keywords: Divorce, Financial Independence, Maqasid Syariah, Gender Justice, Women's Rights.