الأحكام الفقهية المتعلقة بنفقة الزوجة في أستراليا مع مقارنتها بالفقه الإسلامي [Jurisprudential Rulings on Wife’s Maintenance in Australia: A Comparative Study with Islamic Jurisprudence]

Abstract

This study examines the jurisprudential rulings related to a wife’s financial maintenance (nafaqah) by her husband, comparing its provisions in Islamic jurisprudence and Australian law. Key issues discussed include the causes of maintenance, conditions under which it is forfeited, and the central research problem: the lack of clarity regarding a wife’s entitlement to maintenance in cases where she files a complaint against her husband, which may result in suspension of that entitlement. The study also explores the legal status of spousal support under Australian law. The research adopts a descriptive-analytical method, collecting relevant issues and examining them through a comparative jurisprudential lens based on evidence, discussion, preference (tarjīḥ), and connections between classical and contemporary jurisprudence. The study’s findings include: a wife’s maintenance is obligatory as long as she fulfills marital obligations and is not rebellious. If a wife unjustly files a complaint against her husband or engages in nushūz (disobedience), her right to maintenance is forfeited. However, if her complaint is justified and aims to prevent wrongdoing, her entitlement remains valid. The study further notes that there is no clear religious basis for spousal support (as regulated) under Australian law. The research recommends raising awareness among spouses about the wife’s legitimate right to maintenance, stressing the role of scholars and preachers in addressing shortcomings, and encouraging cooperation among Islamic institutions to develop Sharia-compliant solutions for emerging issues.