Sakina: Journal of Family Studies

Reconstruction of the Concept of Nafkah in the Gig Economy Era: A Comparative Study on the Financial Responsibility of Husbands toward Wives and Children

Miftakur Rohman, Ubainul Asror, Amirul Khoir (Author) — Sat, 06 Jun 2026 01:11:09 +0000

The rapid expansion of the gig economy has challenged the conventional foundations of family maintenance (nafkah) in Islamic family law, which traditionally presuppose stable employment and predictable income. Existing studies have extensively examined gig work from labor law and social protection perspectives, while Islamic family law scholarship remains largely detached from the realities of platform-mediated employment. Consequently, no comprehensive framework has been developed to address the implications of income volatility for maintenance obligations. This study aims to reconstruct the concept of nafkah by developing an Adaptive Nafkah framework that redefines the legal rationale (‘illat) of maintenance from fixed employment to productive capacity. Employing a comparative normative legal approach, the study analyzes maintenance regulations in Indonesia, the United States, and the United Kingdom through comparative functionalism and legal content analysis, complemented by a doctrinal examination of fiqh principles. The findings reveal that all three jurisdictions inadequately address the fluctuating income patterns characteristic of gig workers, resulting in significant legal uncertainty in maintenance determination. To overcome this limitation, the study proposes an Average Earning Algorithm (AEA) grounded in the fiqh maxim al-mashaqqah tajlib al-taysir, enabling maintenance obligations to be calculated according to actual earning capacity while preserving family welfare objectives. The proposed model provides a more adaptive, equitable, and legally coherent mechanism than conventional fixed-income approaches. This research contributes to the renewal of fiqh muamalah by introducing the Adaptive Nafkah theory, advances comparative family law through a functional bridge between Islamic and secular maintenance systems, and offers a practical framework for reforming maintenance adjudication in the era of digital labor markets.

The Legal Status of Digital Assets as Inheritance Objects from the Perspective of Islamic Inheritance Law

Jibran Hafidz (Author) — Thu, 11 Jun 2026 10:03:29 +0000

The development of digital technology has transformed the concept of property ownership, including the emergence of digital assets such as cryptocurrency, NFTs, electronic wallets, and digital accounts with economic value. This phenomenon raises legal issues in Islamic inheritance law, particularly regarding whether digital assets can be classified as objects of inheritance. This study aims to analyze the legality of digital assets as objects of inheritance from the perspective of Islamic inheritance law. The method used in this study is library research with a conceptual approach through an examination of legal doctrines, principles of Islamic inheritance, and contemporary literature on digital assets. The findings indicate that digital assets may be positioned as objects of inheritance if they fulfill the elements of al-māl, namely having economic value, being lawfully owned, being beneficial, being transferable, and not contradicting sharia principles. Digital assets may also fall within the category of tirkah if their ownership, value, and access can be clearly proven. However, certain types of digital assets, particularly cryptocurrency, require careful assessment because they are highly volatile and may potentially contain elements of gharar, dharar, and qimar. Therefore, the legality of digital assets as objects of inheritance is not absolute, but depends on the validity of ownership, the clarity of the object, lawful benefit, and the possibility of technical access by the heirs.

Toxic Online Relationships in Muslim Marriage: Reconstructing Prophetic Digital Ethics in Indonesian Islamic Family Law

Mokhammad Samson Fajar, Muhammad Nur, Dian Ayuwita (Author) — Thu, 11 Jun 2026 00:00:00 +0000

This article examines toxic online relationships in Muslim marriages in Indonesia and reconstructs a maqāṣid-based Prophetic Digital Ethics framework as a normative standard for Indonesian Islamic family law. Employing normative legal research with conceptual, statutory, case, and maqāṣid al-sharīʿah approaches, the study analyzes legal materials through grammatical, systematic, teleological, and maqāṣid-oriented interpretation. The analysis focuses on emerging forms of technology-facilitated abuse within marriage, including digital surveillance, cyberbullying, gaslighting, doxing, oversharing of domestic conflicts, and threats to disseminate intimate content. The findings demonstrate that these behaviors should not be understood merely as communication problems but as forms of ḍarar maʿnawī (non-material harm), violations of muʿāsharah bi al-maʿrūf, and potential indicators of shiqāq when they generate persistent conflict and undermine marital trust. The study further shows that such practices intersect with multiple Indonesian legal regimes, including the Marriage Law, the Compilation of Islamic Law, the Electronic Information and Transactions Law, the Sexual Violence Crime Law, the Personal Data Protection Law, and the Domestic Violence Law. The principal contribution of this article lies in proposing a maqāṣid-based Prophetic Digital Ethics model that operationalizes the values of amānah, satr, raḥmah, ṣidq, tabayyun, and anti-tajassus into normative and institutional guidelines for Muslim family governance. By integrating Islamic legal principles with contemporary digital challenges, the model provides a coherent framework for prevention, mediation, victim protection, and judicial assessment, thereby extending the scope of Indonesian Islamic family law to address technology-facilitated harm in marital relationships.

From Provider to Partner: Reconstructing the Legal Concept of Livelihood Obligation in Indonesian Islamic Family Law through the Lens of Gender Justice and Maqāṣid al-Sharīʿah

Muhammad Danil, Vito Dasrianto, Elva Mahmudi, Asfar Hamidi Siregar (Author) — Fri, 12 Jun 2026 00:00:00 +0000

The persistence of the husband’s exclusive maintenance obligation in Indonesia’s Compilation of Islamic Law (KHI) no longer reflects the contemporary reality in which a growing number of women serve as primary breadwinners. This study examines the normative inadequacy of the existing legal framework and reconstructs the concept of marital maintenance through the perspectives of gender justice and Maqāṣid al-Sharīʿah. Employing a qualitative library-based approach, the research integrates classical fiqh analysis with Fazlur Rahman’s Double Movement hermeneutics, Faqihuddin Abdul Kodir’s Qirā’ah Mubādalah, and Jasser Auda’s maqāṣid framework. The findings reveal four systemic limitations in the classical doctrine of nafkah: the presumption of unilateral male economic agency, the subordination embedded in the ṭā‘ah–nafkah nexus, the absence of proportional responsibility, and the lack of legal recognition for wives who become primary providers. These limitations create a normative gap that undermines legal certainty, gender justice, and the objectives of Islamic law in contemporary Indonesia. The study proposes a reconstruction model based on mushārakah naẓariyyah (proportional shared responsibility), grounded in the principle of ta‘āwun (mutual cooperation), which redefines financial responsibility according to the spouses’ respective capacities. The principal contribution of this article lies in developing an integrated maqāṣid-based framework that bridges classical Islamic jurisprudence with contemporary socio-economic realities and provides normative guidance for reforming Indonesian Islamic family law toward a more equitable and context-responsive legal system.