علة النفقة الزوجية وآثارها الفقهية: دراسة مقاصدية الباحث ياسر سابكزئي مرادبخش

Abstract This research focuses on grounding the effective cause ('illah) for the obligation of marital maintenance (nafaqah) in Islamic Sharia, and examining the extent of its correlation with the marriage contract and full enablement (tamkin tam). It analyzes the objectives (maqasid) aimed at stabilizing the family unit and strengthening marriage bonds. The study seeks to determine the actual 'illah behind the obligation of marital maintenance in Islamic jurisprudence, highlight the jurisprudential implications arising from disagreements among jurists regarding this cause, and apply these findings to contemporary emerging issues (nawazil). Furthermore, it aims to elucidate the higher objectives and sublime purposes envisaged by the Lawgiver in mandating maintenance to ensure the continuity of affection and stability within the family structure. To achieve this, the researcher adopted an inductive-analytical approach, tracing and gathering jurisprudential views on the cause of marital maintenance across classical primary sources, then analyzing these perspectives, discussing their evidence, and examining them against contemporary reality. Additionally, a maqasidic methodology was utilized to link specific jurisprudential rulings with the overarching higher objectives of Sharia. The study yielded several prominent findings, most notably: marital maintenance is obligatory upon the husband, is not quantitatively fixed by Sharia, and is determined by the financial capacity (ease or hardship) of the provider. Moreover, jurists differ regarding the exact cause of maintenance; according to the Hanafi school, the cause is retention (ihitibas); for the Malikis, Shafi'is, and Hanbalis, it is full enablement following a valid contract; whereas the Dhahiri school considers the marriage contract itself to be the sole cause. The researcher finds the first view to be the most preponderant. Additionally, the majority of jurists hold that maintenance is not obligatory for a disobedient wife (nashizah) due to the absence of the underlying cause, contrary to the Dhahiri view which relies solely on the contract. Finally, the study concludes that contemporary marriage contracts necessitate obligating the husband to cover his wife’s medical and healthcare expenses, fostering mutual affection and support between spouses through times of ease and hardship. Keywords: Maintenance (Nafaqah), Disobedient Wife (Nashizah), Marital Relations, Higher Objectives of Sharia (Maqasid Shari'ah).

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