Penelantaran Nafkah Suami Sebagai Bentuk Kekerasan Ekonomi: Perspektif Fikih Dan Hukum Nasional

Abstract

The issue of husbands failing to provide financial maintenance (nafkah) has increasingly become a public concern within Muslim families in Indonesia. This study is motivated by the growing visibility of economic neglect in households, widely discussed on social media and reflected in divorce cases filed at various Religious Courts. Normatively, Islamic jurisprudence (fiqh) views nafkah as a binding religious obligation upon the husband as a consequence of a valid marriage contract. Indonesian positive law, through the Marriage Act, the Compilation of Islamic Law, and the Law on the Elimination of Domestic Violence, further reinforces nafkah as a legal duty with civil and criminal implications. However, empirical reality demonstrates that the neglect of financial maintenance remains a major trigger of marital instability. This research analyzes the concept of nafkah from both fiqh and legal perspectives and its relevance in divorce proceedings. The findings indicate a strong intersection between fiqh and national law in affirming nafkah as a fundamental right of the wife, highlighting the urgency of legal literacy to prevent economic neglect within households. This study contributes to a deeper academic and practical understanding of the legal status of nafkah in Indonesia’s Muslim family law system.