KEWAJIBAN NAFKAH DALAM HUBUNGAN SUAMI DAN ISTERI

Ulin Na'mah

Abstract


Based on the argument of the sacred texts of the Quran and Sunnah, providing a living is a unliteral obligation to be borne by husband. Conversely, wife was only accepting her right of receiving livelihood from husband. This is indeed caused by the prevaling patriarchal culture, which distinguished husband-wife role based on sex. Men are heads of household with the obligation to make a living in public spaces, while women are housewives with the obligation to take care of children and house duties in domestic sphere. As far as the two roles are still regarded as stagnant division of work, then something unexpected will often occur. When husbands face bottlenecks in effort to provide family income that will be used to meet the needs of everyday life, where wife is not able or remains not allowed to help relieve it by a way of participating in a public sphere, the demands of living from wife to husbands cannot be then circumvented. As a result, if the demand of wife for a living is not immediately met, divorce may eventually become the demand or choice of a wife in order to avoid starvation and further psychological damage. From this perspective, it can be concluded that the belief that the obligation to make a living on the shoulders of husbands may lead to a divorce. Thus, based on that perspective, as a logical implication, this paper requires the availability of contextual equality of husband and wifes role in building a family in that both wife and husband have the same responsibility for providing a living, rising children, and also taking care of house. Finally, thus, it is hoped that the conflict between husband and wife on the question of living or the economy can be avoided.

Key words: living, fasakh, divorce, and gender relation.



DOI: http://dx.doi.org/10.21043/yudisia.v4i1.671

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Address: Yudisia Research Center, Department of Islamic Family Law, Sharia Faculty, IAIN Kudus; Jl. Conge Ngembalrejo, Ngembal Rejo, Ngembalrejo, Kec. Bae, Kabupaten Kudus, Jawa Tengah 59322


Yudisia : Jurnal Pemikiran Hukum dan Hukum Islam by Program Studi Hukum Keluarga Islam (Ahwal Syakhshiyah) Fakultas Syariah IAIN Kudus is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.