Women’s Financial Maintenance in Islamic Law: A Maqasid al-Sharia Perspective Based on Ibn ‘Ashur’s Thought

نفقة المرأة على ضوء مقاصد الشريعة عند ابن عاشور

Abstract

Objective: This study aims to examine women’s maintenance (nafaqah al-mar’ah) from the perspective of Islamic legal objectives (maqāṣid al-sharīʿah) developed by Ibn ʿĀshūr and to identify how women’s maintenance contributes to the realization of the three levels of maqāṣid: necessities, needs, and embellishments. Theoretical framework: The study employs Ibn ʿĀshūr’s maqāṣid al-sharīʿah framework, particularly the classification of human interests into ḍarūriyyāt, ḥājiyyāt, and taḥsīniyyāt, as an analytical basis for understanding the legal and social purposes of women’s maintenance within marriage. Literature review: Previous discussions of nafaqah generally emphasize its jurisprudential obligations, including the husband’s responsibility to provide financial support. However, studies explicitly analyzing women’s maintenance through Ibn ʿĀshūr’s maqāṣid framework remain limited, particularly concerning the integrated protection of lineage, life, religion, and marital stability. Method: This research employs a library-based qualitative approach using descriptive and analytical methods. Relevant works of Ibn ʿĀshūr and other maqāṣid scholars are examined, interpreted, and analyzed to establish the objectives underlying women’s maintenance. Results: The findings indicate that the ḍarūriyyāt dimension encompasses the preservation of lineage, life, and religion. Maintenance protects women’s welfare within marriage, supports reproductive continuity, prevents harmful or prohibited occupations, and reduces vulnerability to immoral practices. The ḥājiyyāt dimension strengthens marital bonds, promotes cooperation in family responsibilities, supports appropriate family leadership, and contributes to marital continuity. The taḥsīniyyāt dimension includes providing maintenance even when the wife is financially capable and fostering women’s dignity and respect within responsible marital leadership. Implications: The findings demonstrate that nafaqah is not merely a financial obligation but an instrument for realizing comprehensive family welfare and ethical marital relations. Novelty: This study contributes a systematic maqāṣid-based interpretation of women’s maintenance by connecting its three levels with the protection of lineage, life, religion, marital stability, and women’s dignity.