Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam
Vol 11 No 1 (2026): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam

Pengabaian Nafkah sebagai Delik Pidana: Analisis Maqaṣid Syariah

Muhammad Nasir (IAIN Langsa, Aceh, Indonesia)



Article Info

Publish Date
29 Jun 2026

Abstract

This study analyzes the neglect of maintenance as a criminal offense from the perspectives of Islamic law and Indonesian positive law using a maqāṣid al-sharī‘ah approach. The main issue lies in how neglect of maintenance is positioned as a legal violation affecting the protection of family members’ rights, particularly women and children. This research employs a library-based method with a qualitative approach through normative and conceptual analysis of legal regulations and Islamic legal literature. The findings reveal that neglect of maintenance is not only a violation of family obligations but can also be classified as a form of economic domestic violence with criminal consequences. From the maqāṣid al-sharī‘ah perspective, such actions contradict the fundamental objectives of Islamic law, especially in protecting life, lineage, and property. Therefore, the criminalization of maintenance neglect is relevant in promoting justice and victim protection. This study highlights the importance of integrating criminal law, restorative approaches, and Islamic values to establish a more just and welfare-oriented legal system.

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Journal Info

Abbrev

legalite

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

Legalite is published by the Islamic Sharia Law Study Program Faculty of IAIN Langsa. This journal contains a study related to the law, thoughts, and renewal of Islamic Criminal Law both in Indonesia and abroad. This journal is published twice a year: June and ...