Wives' Career Rights in Islamic Jurisprudence and Indonesian Family Law: A Doctrinal Reappraisal of Marital Partnership

This doctrinal study reassesses wives’ career rights by distinguishing divine revelation, juristic interpretation, and Indonesian positive family law. It analyzes scriptural recognition of women’s earnings, the classical concepts of maintenance and marital availability, and the relationship between the Marriage Law and the Compilation of Islamic Law. The study finds that employment by a wife does not, without additional findings, establish marital disobedience (nusyuz). It proposes a proportionate, evidence-based approach that protects lawful employment while examining actual effects on care, mutual obligations, and children’s interests. Suggested interpretive and statutory reforms are expressly distinguished from existing binding rules.

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Publication Details

Journal
Adagium.
Published
2026-11-06
DOI
https://doi.org/10.70308/d5h6a527
Primary Topic
Family and Matrimonial Law
Type
article
Field-Weighted Citation Impact
0.00
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article

Wives' Career Rights in Islamic Jurisprudence and Indonesian Family Law: A Doctrinal Reappraisal of Marital Partnership

Tajul Arifin, Agus Gandara, Dewa Sukma Kelana
Adagium.
Family and Matrimonial Law
article

Wives' Career Rights in Islamic Jurisprudence and Indonesian Family Law: A Doctrinal Reappraisal of Marital Partnership

Tajul Arifin, Agus Gandara, Dewa Sukma Kelana
article en

Abstract

This doctrinal study reassesses wives’ career rights by distinguishing divine revelation, juristic interpretation, and Indonesian positive family law. It analyzes scriptural recognition of women’s earnings, the classical concepts of maintenance and marital availability, and the relationship between the Marriage Law and the Compilation of Islamic Law. The study finds that employment by a wife does not, without additional findings, establish marital disobedience (nusyuz). It proposes a proportionate, evidence-based approach that protects lawful employment while examining actual effects on care, mutual obligations, and children’s interests. Suggested interpretive and statutory reforms are expressly distinguished from existing binding rules.

Adagium.Vol. 4(2)
Sunan Gunung Djati State Islamic University Bandung (ID), Universitas Pamulang (ID)
Gender equality, Decent work and economic growth, Peace, justice, and strong institutions
Openalex Percentile: Top 6%
Family and Matrimonial Law
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