النفقة في الفقه الإسلامي والقانون بين الالتزام الشرعي والواقع المعاصر

Abstract

This research addresses the topic of alimony (Nafaqah) in Islamic jurisprudence and law, between Sharia commitment and contemporary reality: a comparative study. The study aims to highlight how Islamic Sharia emphasizes the obligation of alimony as a binding right and a means of preserving human dignity, and how modern legal systems regulate this right in light of current social and economic developments.

The research explains the concept of alimony, its types, and the reasons for its obligation in Islamic jurisprudence, including spousal alimony, children’s alimony, and alimony for relatives. It clarifies the conditions for its assessment, continuation, and termination, along with the consequences of failing to fulfill it. The study further explores alimony regulations in contemporary legal systems, identifying points of convergence and divergence with Islamic jurisprudence, and analyzing the influence of rising living costs and changing economic circumstances.

The study concludes that Islamic jurisprudence offers a flexible and just framework for alimony, accommodating changing life conditions while upholding spiritual and social solidarity. In contrast, civil laws strive for balance but may overlook Sharia’s comprehensive perspective. The research recommends incorporating Sharia objectives when reforming alimony laws to achieve justice and family stability.