Revitalization of the Nafkah Concept in Islamic Family Law: A Living Law Perspective on Indonesia's Islamic Economic Reality

Abstract

The concept of nafkah  in Islamic family law is often understood normatively based on classical fiqh texts, which do not necessarily align with the social and economic dynamics of contemporary Indonesian Muslim society. This article aims to revitalize the concept of nafkah through a living law approach—that is, a law that evolves and develops within society. By analyzing nafkah  practices in various Muslim communities in Indonesia, and considering household economic conditions influenced by women's dual roles, urbanization, and the digitalization of the economy, this study finds a shift toward a more contextual understanding and practice of nafkah. The study's results indicate that Islamic family law needs to transform from a normative-textual approach to one that is responsive to the social and economic realities of Muslims in Indonesia. This revitalization is expected to promote gender justice, strengthen family resilience, and make Islamic law more relevant and applicable in a modern context.