Pemberian Nafkah Dalam Hukum Islam

Abstract

This study aims to examine the concept of maintenance (nafkah) from the perspective of Islamic law, including its definition, legal foundations, the parties responsible for providing and entitled to receive maintenance, the types of maintenance, and the legal implications of failing to fulfill this obligation. This research employed a qualitative library research approach. The data were collected through documentation studies of the Qur'an, Hadith, classical and contemporary Islamic jurisprudence books, scholarly books, and relevant academic journals. The collected data were analyzed using content analysis to obtain a comprehensive understanding of the concept of maintenance in Islamic law. The findings indicate that maintenance is a legal obligation primarily imposed on husbands toward their wives and children, as established by the Qur'an, Hadith, and scholarly consensus (ijma'). Maintenance encompasses not only material needs such as food, clothing, housing, and healthcare expenses but also non-material needs, including affection, attention, and good treatment. Failure to fulfill this obligation results in legal consequences, including liability for unpaid maintenance, the wife's right to claim maintenance through legal proceedings, and moral as well as religious accountability for neglecting this duty. Therefore, maintenance constitutes one of the fundamental obligations in Islamic law aimed at ensuring justice, protecting family rights, and promoting the welfare of the family.