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All Journal USRAH: Jurnal Hukum Keluarga Islam El-Hadhanah: Indonesian Journal Of Family Law And Islamic Law
Witia Oktaviani
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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WANITA SEBAGAI PENCARI NAFKAH UTAMA DI KARAWANG:PERSPEKTIF HUKUM KELUARGA ISLAM INDONESIA Nira Arum Sari; Witia Oktaviani
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 4 (2025): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i4.2250

Abstract

The obligation to provide financial support arises as a consequence of the marriage contract. In Islamic law, the primary responsibility for earning a livelihood lies with the husband. However, over time, this role has gradually shifted, especially as women increasingly participate in the workforce. Karawang ranks as the second highest region in Indonesia in terms of minimum wage (UMK), which attracts a large number of workers, including women, from various areas.This study aims to identify the factors that lead women to become the primary breadwinners in Karawang, analyze the implications of this role, and examine its legal status from the perspective of Islamic Family Law in Indonesia. The research employs a descriptive qualitative approach, collecting data through interviews via Google Forms with 18 female workers in Karawang who act as primary providers for their families. The findings reveal two key driving factors: external and internal. This dual role brings various implications, including economic impacts on the family, relationship conflicts, and expectations for governmental support and protection for female workers. This issue falls within the realm of contemporary Islamic jurisprudence (fiqh), which remains subject to scholarly debate due to the absence of explicit textual evidence. Nevertheless, based on Islamic legal principles and Indonesian positive law, women's employment is generally considered permissible (mubah).
PROBLEMATIKA EKONOMI SEBAGAI ALASAN UTAMA PERCERAIAN DI PENGADILAN AGAMA KABUPATEN BANYUWANGI Luk Luk Khoirurrizalina; Witia Oktaviani
USRAH: Jurnal Hukum Keluarga Islam Vol. 6 No. 4 (2025): Oktober
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/usrah.v6i4.2588

Abstract

In 2024, Banyuwangi Regency ranked third in highest divorce cases due to economic factors in East Java, despite regional economic growth increasing by 4.68%. This phenomenon has become a significant concern in Islamic family law. This study analyzes types of economic problems influencing divorce, economic reasons as basis for judges' consideration in granting divorce, and efforts of Banyuwangi Regency Religious Court to protect women's and children's rights in divorce cases due to economic factors. Using descriptive qualitative method with in-depth interview techniques with Panel of Judges and analysis of divorce decisions and statistical data. Findings indicate economic factors are not primary causes of divorce, but triggers for recurring household disputes.Types of economic problems include unemployed husbands, insufficient household income, and husbands completely failing to provide financial support. Panel of Judges considers impacts of economic conflicts on relationship breakdown such as broken marriage, emotional distress, and absence of willingness to repair relationships. Wives are entitled to receive iddah maintenance, mut'ah compensation, and madhiyah support without evidence of nusyuz behavior. Husbands must pay maintenance before judges decide on divorce. Child custody rights are granted to mothers if children are under 12 years old, while children above 12 years old may choose between both parents. Keywords: Divorce; Economic Issues; Livelihood; Islamic Court.
The Implications of Husbands as Donors on Wife's Psychology (An Islamic Family Law Review of the Al Qolam Foundation) Anisa Diah Fitriani; Witia Oktaviani
El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law Vol. 6 No. 1 (2026): El-Hadhanah: Indonesian Journal of Family Law and Islamic Law
Publisher : Prodi Hukum Keluarga Fakultas Syariah dan Hukum UIN Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/hadhanah.v6i1.9622

Abstract

Philanthropic activities shadaqah are highly recommended in Islam as a form of worship. However, when husbands prioritize donations without considering the stability of household finances, it can create a dissonance between socio-religious responsibilities and domestic obligations. This situation has the potential to cause emotional discomfort and psychological burdens on wives. This study aims to analyze the practice of donations made by husbands to the Al Qolam Foundation, examine its psychological implications for their wives, and review this phenomenon from the perspective of Islamic family law. Unlike previous studies that predominantly highlight the positive impacts and altruistic factors of general philanthropy, this research offers a novel perspective by critically examining the intersection of philanthropic zeal and internal family dynamics, specifically uncovering the potential psychological detriment to wives when sunnah (voluntary) donations conflict with obligatory nafkah (financial maintenance). This research utilizes a qualitative method with a case study approach. It is a normative-empirical legal study. Primary data was collected through structured interviews with husbands acting as donors at the foundation and their wives, while secondary data was gathered through relevant literature studies. The findings reveal that the husbands' donation activities are primarily driven by religious motivations, the desire to support children's Islamic education, and social solidarity (ta'awun). Despite these noble intentions, the donations often negatively impact the wives' psychological well-being, manifesting as stress from household financial decline, a perceived lack of attention, and feelings of resentment. Based on Islamic family law, providing nafkah is an absolute legal obligation that must be prioritized over voluntary donations. Donating under unstable financial conditions that neglects family rights and causes psychological distress to the wife is unjustified. Such practices contradict the fundamental Islamic legal maxims of al-wajibu muqaddam 'ala sunnah and laa dharara wala dhirara.
Co-Authors Anisa Diah Fitriani Luk Luk Khoirurrizalina Nira Arum Sari