The Family Maintenance Justice in Dual-Career Families: A Maqāṣid al-Sharīʿah Perspective

Abstrak

This article discusses the reconstruction of the concept of fairness in family financial support (nafkah) within dual-career families from the perspective of maqāṣid al-syarī‘ah. The phenomenon of dual-career families reflects changes in the economic structure of modern Muslim households, which are no longer solely dependent on husbands as the primary breadwinners. However, classical Islamic jurisprudence (fiqh) and Indonesian national law still tend to position financial support as the husband’s primary obligation. This study employs normative legal research using conceptual and maqāṣid al-syarī‘ah approaches. Data were collected through library research involving the Qur’an, Hadith, statutory regulations, classical fiqh literature, and contemporary scholarly works. The findings reveal that classical concepts of financial support and national legal frameworks remain relevant as foundations for family economic protection but require contextual reinterpretation to align with the realities of dual-career families. From the perspective of maqāṣid al-syarī‘ah, fairness in financial support is reconstructed as a proportional distribution of economic, domestic, and social responsibilities based on the principles of maṣlaḥah (public welfare), ta‘āwun (mutual assistance), mubādalah (reciprocity), and mu‘āsyarah bi al-ma‘rūf (harmonious and proper conduct). This study offers a paradigm of fairness in financial support based on a family partnership model (partnership family) within contemporary Islamic family law.