Penentuan Kifayah adna sebagai Jaminan Nafkah Isteri di dalam Islam: Kajian kes di Lembah Klang, Malaysia (Determining the Minimum Levels of Sufficiency (Kifayah adna) as Wife Guaranteed Maintenance in Islam: The Case Study of Klang Valley Malaysia)

Abstract

The minimum level of sufficiency (kifayah adna) for a wife guarantees her basic living maintenance in Islam. It is a level forwarded by some Hanafi scholars who considered it the bare minimum maintenance required to meet a wife’s basic needs. An adequate stipend for a wife’s maintenance secures her livelihood. This study interviews a group of mothers and judges. Analysis of the collected data reveals that determining what constitutes kifayah helps resolve various questions and uncertainties in judicial issues such as determining the minimum level of living in the community, over-maintenance issues, fasakh case claims due to a waiver of maintenance or inadequate livelihood and issues pertaining to polygamy. The paper concludes that determining the minimum level of kifayah and ensuring it is practised helps satisfy the basic needs of a wife and avoid her being subjected to harm. It is a clear manifestation of the maqasid al-shariah that seek to preserve life, intellect, religion, wealth and progeny. Its determination guarantees the wife a monthly stipend to ensure her needs are met. This requires periodic socioeconomic studies of society to ensure that the maintenance levels are adequate.