Masail Fiqh - The Obligation of Husband
CHAPTER I
INTRODUCTION
I.1. Background
Relationship between husband and wife, there are many things that need to bein the know and understood by both, as in families, each family member can not stand alone but there should be a harmonious interaction between each family member, to create such an atmosphere it is necessary understanding depth about the obligations and rights of each family member.
Husband is a leader in the family that his role is very great, and therefore becamea husband in need in-depth understanding of obligations that must be done by the husband.
Husband as a leader in the family must have a sense of responsibility to their family members, not to families who brought a broken family. Therefore there are things that must be known in advance for any husband's behavior became model for family members.
Allah affirms in his wordth at means: you will from some of asked about the deed That every out do (Surat an-Nahl: 93)
I.2. Formulation of the Problem
1. What the meaning of husband?
2. What the husband's responsibility in the family in the view of Islam?
3. How an understanding of living according to 4 schools!
4. How an understanding of living according to laws wedding!
5. How an understanding of nafkah according to Compilation of Islamic Law !
I.3. Theporpuse of Writing
1. To understand the meaning of husband
2. To know the husband's responsibility in the family in the view of Islam
3. To know an understanding of nafkah according to 4 schools
4. To know an understanding of nafkah according to laws wedding
5. To know an understanding of nafkah according to Compilation of Islamic Law
CHAPTER II
DISCUSSION
II.1. Understanding Husband
The husband is the partner's wife (father of the children), the husband has a full responsibility in a family and the husband has an important role, husband is prosecuted not just as a breadwinner but the husband as a motivator in a variety of policies that will be resolved, including family planning .
According to Big Indonesian Dictionary online, the husband is the man who became an official partner of a woman (wife).
Husband is one of actor of wedding which male-sex. A man usually marrie a woman in a wedding ceremony before formalized its status as a husband and his partner as a wife. In various religions usually a man can only marry one woman. (Wikipedia)
II.2. The responsibility of a husband against wife in islam
IslamicShari'ahasset theobligation of the husbandagainsthis wife, as a form of demands and responsibilities. When responsibilityis missing, it will result in the destruction of family life, and among the husband's responsibility are :
1. The Responsibility of Guiding the Wife to Obey Allah and Deepening their Religious Knowledge
The most important responsibility is to guide his wife to worship Allah SWT and deepening of religious knowledge, by bringing his wife to attend the Majlis-Majlis science and advised his wife with a gentle manner.
Allah said which the meaning is: The man is the leader for women, because Allah has preferred some of them on a part of the other part(.QS.An-Nisa: 34 )
RasullullahSAW allow the women to pray in the mosque and attend the Majlis-Majlis science as described in the Hadith, which means as follows:
From Aisha RA who said: We, woman (mukmin) ever to attend dawn prayers along with Prophet Muhammad. By covering the entire body with a cloth. Then we go back home after performing prayers in congregation. None of us who come home late. {HR. Bukhariand Muslim}
2. Responsibility toget alongwellwith my wife
A husband should treat her wife well. As described in the Qur'an which means:
And among His signs is that He created him for you wives from your clon, so that you tend and feel at ease to her, and made among you a sense of love and affection, indeed, in this really are Signs for those who think {QS.Ar.Rohman: 21}
Prophet Muhammad has affirm about the need to act nicely, as there is in saying of Prophet Muhammad SAW: Faith of a believer (mukmin) who The mostperfectis the best attitude. And, best of you is the best treatment of his family. {HR.Ahmad and Tirmidhi}
3. Responsibilities of giving feed (nafkah)evenly
Islamic law has outlined the obligation of the husband to feed his wife. This has been alluded to in al'qur'an which means: The mothers shall suckle their children for two whole years, ie for those who want to improve the arrangement. And obligations of fathers to give food and clothes to mothers with kindness.A person is not burdened in accordancewith its ability. {QS.Al-Baqarah: 23}
Prophet said: For those of youhusbands responsible for feeding their wives and give cloth well. {HR. Bukhari}
4. Responsibility in intercourse with wife
Childbearing is part of the Islamic requirement. So, either a husband or wife should not preclude the right of spouses to have sex.Asconfirmedin the word of Allah SWT which means: The mothers shall suckle their children for two whole years, ie for those who want to improve the arrangement.And obligations of fathers to give food and clothes to mothers with kindness. A person is not burdened in accordancewith its ability. {QS.Al-Baqarah: 23}
And the wills of Rosulullah SAW said: marrie fertile women because I would be proud if my societies are lot. {HR.Ahmad}
5. Responsibility keeping the Honor and Feelings
Husbands are responsible for maintaining his wife ari all things that can damage honor, persecute, underestimate the glory as human beings, destroy the reputation and feelings, and betray a promise deliberately. Prophet Muhammad was asked: "What the wife of our rights?" The prophet SAW said: Give her a meal if you eat, give her clothes if you get dressed, do not you hit her, hurt her, separating her bed, except in his own {home}. {HR. Ahmad, Abu Dawood, An-da Nasa'i.}
6. Responsibility for Making Wife fun
Shari'a Islam obliges a husband to make his wife happy, playing, and joking with him. As in the Sunnah of the Prophet Muhammad, which means: From Aisha ra. He said: "at the feast of Eid, people play a shield {made of leather }, and playing war. "The Prophet said: you see them play, do you want to play? Aisha replied: "yes" He then lifted me behind her back, cheek to cheek in touch with him. "Rasuluallah said: O Children of Arfadah, I'll play with you guys until I get bored. Prophet Muhammad then said: Enough {stop playing} "Aisha replied:" good "Then the Messenger of Allah ask her to go home. {Bukhari and Muslim}
7. Husband Responsibilities helping wife Implement Family Duties
Islam obliges a husband to help her in completing household tasks, especially when circumstances force a wife to ask for help from her husband. As in the word that means Allah SWT: .. And help in (do), virtue and piety, and not to mutual help in sin and transgression. And fear Allah, verily Allah is severe in punishment {QS.Al-Maidah: 2}
A'ishah was asked: What does Rasulallahdo in home? "I {Assia} replied:" He always helped their family. "{HR. Bukhari}
From Aisha RA. He spoke of himself Rasulallah s: '"He sewed slippers and clothes, a maid at home, as you become the servant at your home. {HR. Ahmad}
8. Responsibilities of Doing Good to Both Parents
Husband invites and helpthe wife to do good to his parents in a relationship relationshipbetween the both of them. As word of Allah which means: And your Lord has commanded that ye should not worship other than Him, and let you do good on your father's mother with the best. If any one of them or both in saving you till old , so do not ever say to them saying "ah" and do not shout them and say unto them a noble word {QS.Al-Isra: 23}
Prophet emphasized in his saying: It got so bad and he lost his fate {ulangu for three times. They asked "O Messenger of Allah who are them?" Rasulallah answer: People who know her parents have died or one of them, but he was unable to put it into heaven.
II.3. FosteringResponsibilityHusbandofHouseholdsinIslamicPerspective
Responsibilities of the husband against his family made for the creation of an Islamic family and therefore in need supervision dam alignment as collateral for the correctness of the principles and good process. In this discussion described how to make improvements to the shari'ah violations involving the husband's responsibility towards his family. This will impact on the occurrence of negative effects on children's self, and between the responsibility of husband against wife and kids go round as follows :
A. Developing the Islamic Education in a Perfect toward All Family Members
The husband is obliged to help his wife and children make the rules of spiritual education, science, and social inviting. This was pursued in order to create balance, cooperation, and ties bain between them so that, for all the family becomes the obedient servant, and a good example in society.
B. Creating Rules as control and oversight in the Family Environment
Household Muslims will try to build and educate children with commendable morality and manners. In the event of violations or mistakes that is done then the husband as head of the family shall be advised for the violators become aware and do not repeat it.
C. Seeking Alternative Program to replace the Islamic shari'ah prohibited toxicity
The globalization era is the era of acculturation and Indonesia is not a country under the umbrella of Islam. No wonder if the culture from outside the premises mixed Indonesian culture, from which there will be many challenges da gi husbands to control her children not to fall into doing the forbidden culture shari'ah.
Having looked damaged in the household sector even to the scientists, education, information, games and recreational facilities that diverse. Lots of examples and ways that are totally contrary to Islamic teachings. Not enough forbid itonly limited, but the head of the household should make changes to the Islamic way of what is not in accordance with our principles. Certainly not just say, "This should not be, this is bad, but at least they make good change, easy to do, and can dikonkretkan in real form.
For example, we describe the following explanation.
1. Making books that have targeted Muslim religious education. To replace the books that contain education that conflict with Islamic law.
2. Islamic magazines that have a target to replace magazines that damage and pornography.
D. Participated in Any Social Events
Household is the foundation of a society. Household is a small community of Muslim society. Therefore, a head of household should work with the wives and children, to dispel the influence of the entry in the community. Also, attempts to give assistance to people and help to finish their needs. This is an obligation and is needed by the community. The results will be achieved is the creation of a stable social community and to provide understanding Islam to others in the form of tangible reality.
There is some good advice for this problem, namely as follows:
1. Participate in community events.
2. Member neighboring rights, as do good to the neighbors
3. Assist each other Islamic events in the community
4. Help each other in events that are not routine, such as weddings and births of children and the like with it.
5. Exchanging valuable gifts, as words of the Prophet Muhammad: People who exchanged gifts, they would love each other. (HR.Bukhari)
6. Improving the current atmosphere of warring groups
7. Giving alms and charity property to the neighbors
8. Participate in collaboration with others in social activity.
E. Pray and ask for help to Allah SWT when Happen Polemic
Sometimes arise various problems in the household. It would be hard to find the answer if not found the cause. To fix this, we should sing a heartfelt prayers to the gods. Bleak word of Allah which means:
And your god says: "Pray to Me, then surely would I turn down" (Surah Al-Mu'min: 40)
II.4. Definition of Nafkah
1. Nafkah according to etimology
Nafkah in Arabic is derived from the word masdarnufuq. For example:
(نفق الفرس والدابة وسائر البهائم ينفق نفوقا) ie, horses, reptiles, and all animals were dead.
When taken away from words such nafaaq you say, (نفق البيع نفاقا (ie, trade is really in demand. And also (نفقت السلعة تنفق نفقا), namely, goods that cost becomes expensive.
Ibn Manzhur and his says end by saying, "spend their wealth means is spending it."
Allah says,
47. dan apabila dikatakakan kepada mereka: "Nafkahkanlahsebahagiandarireski yang diberikan Allah kepadamu", Maka orang-orang yang kafir itu berkata kepada orang-orang yang beriman: "Apakah Kami akan memberi Makan kepada orang-orang yang jika Allah menghendaki tentulah Dia akan memberinyamakan, Tiadalah kamu melainkan dalam kesesatan yang nyata". (QS.Yasiin : 47)
The point is: you spend most of sustenance in the way of Allah, give food and shadaqah and said astanfiquhu means I spend it. Nafkah is something that gived nafkah, and the plural of the word is nifaaq nafaqah. Then IbnMandzur continued: And the nafkah is something that you spend on family and for yourself.
From discussion above, can be concluded that the nafkah are a commonly used word for something that you spend either dirhams or any other form of money for yourself or someone else.
2. Nafkah according to terminology
Any person who to his standard fiqh books in four schools, he will gain some understanding of diverse nafkah according to the madhhab difference. The author will provide the definitions are accompanied by the necessary explanation. After that, compare the definitions were based on the explanations that have been passed.
a. Definition of nafkah according to Hanafis
Definition of nafkah according them is: "delegation to something with the things that cause its eternal.
Explanation:
The purpose of the Hanafimadhhab jurists And Allaah knows best-of-words al-idrar (delegate) in the definition above is to spend and give. The purpose of the word al-syaiu (to something) is a common lafadz that could include life and others.
The purpose of the sentence (with the things that cause kelanggengannya) is something that must be met either in the form of food, clothing, shelter or other things that are urgent, it is impossible to ignore for the sake of continuity of life and growth.
It need to pay attention that some of the Hanafimadhhab scholars generally use the word nafkah for food alone without inserting clothing and shelter, so they say: compulsory for a husband to feed and provide clothing for a wife. Besides food, they also include clothing and shelter.
As for Muhammad bin Hasan Ash-Syaibani, disciple of Imam Abu Hanifah interprets nafkah with food, clothing and shelter when answering questions about the meaning of nafkahHisham.
b. Definition of nafkah According to Maliki madhhab
Arafat Ibn al-Maliki said, "nafkah is something that became the backbone of the standard for human life without any element of extravagance."
Explanation :
Some scholars interpret Maliki nafkah with only basic food, others include clothing in the category of nafkah. And that aspect is clearly visible by a nafkah writer that covers all the needs without separation or determination.
The phrase "without the element of waste" to exclude a nafkah that contain redundant elements that hated and forbidden by the shari'ah also disliked by human nature, a form of nafkah that exceeds the normal requirements and reasonable level as someone who usually just one kilogram of meat and then he asked for more from it.
From the definition above can be concluded the following points:
1. The definition covers only those nafkah on a nafkah wife and relatives to be met.
2. The above definition does not cover the needs of farm animals that are not included because there are human words (the definition), whereas the cattle feed is also one of obligation.
So, the definition does not cover all kinds of nafkah.
c. Definition of nafkah according to the Shafi'imadhhab
Nafkah according to their terms are: Foods that have been determined for a wife and aides to be borne by the husband and also for both of them better than primary nasab line (father to the top) or secondary lineage, such as children and grandchildren, and slaves and pets with adequate levels.
Explanation :
It could be noted that this definition includes three kinds of maintenance:
a. Nafkah wives into the explanation "Food that has been determined for a wife and aides."
b. Nafkah relatives included in the explanation of "Food that has been determined to ... primary nasab line (father to the top) or secondary lineage."
c. Maintenance of property included in the explanation "and to slaves and pets with adequate levels."
This understanding is devoted only to the food just so it does not include side dishes, clothing and shelter.
Maybe because behind specialism nafkah here with food, is because the amount of food for his wife and aides according to their proportion. Unlike the case with the supply of food for the relatives and personal property that is not quantified, so they set a specialism nafkah with food.
d. Definition of nafkah according to Hanbalimadhhab
HanbalimadhhabUlama interpret nafkah with: "Providing adequate to the person who paid either in the form of bread, side dishes, clothing, shelter and others.
Explanation :
Someone who is looking at this definition he will find that this definition covers all their nafkah needs and demands. This understanding also contain some things that need to get an explanation, among which are:
1. The word kifayah (sufficient) meant that the maintenance of a yield maintenance required is enough for people who paid their livelihoods by someone either in the form of bread, side dishes, clothes and others.
2. And entered also in the explanation (of people covered) all persons who are entitled to nafkah the good wife, a close relative, or a slave. So this is a definition that covers all the points and the limit.
Comparison between the definitions above
Once we explain the definitions above nafkah according to the famous schools in Islam, we find:
a. Everything is agreed in terms of meaning and purpose, although different textual disclosure in the use of words.
b. All this sense includes all cases that are equally agreed as to eat, drink, clothing and shelter. And so it was obvious that the definition of nafkah according to the madhhabHanafi, Shafi'i, and Hambali is more thorough and more extensive because of its content which includes all persons who have dinafkahi either himself or others, and also includes all types of maintenance are required and different kinds different.
The definition of the Maliki madhhab, author judged less than perfect because it does not cover nafkah animals which is also obligatory. Because basically go in a nafkah personal items. They tertuntut to define accurately a nafkah.
II.5. Cause out Obligation of Nafkah
All the scholars of Fiqh from many different schools have agreed that the causes that require a nafkah there are three: wife, relatives and property.
Although in this matter, there are differences of opinion among the scholars of Fiqh about the limitations of kin who should receive a nafkah as we shall explain in the discussion later.
II.6. Types of Nafkah
In the discussion this time the author will describe the types of nafkah with a written description of its legal mesing individual and their arguments. Also a brief description about the limitations of relatives who must receive a nafkah as well as the terms by the Fiqh experts without detailed explanation that will be discussed in talks about a nafkah wife, who we are in pengkajiannya with God's help.
And this is the discussion of each kind of nafkah.
Nafkah when the terms of the causes of their spending is divided into three kinds:
1. Nafkah Relatives
2. Property Maintenance
3. Wife Nafkah, will be discussed at the upcoming chapter
1. Nafkah Relatives
a. Definition of a nafkah relative
Definition of nafkah relatives is: nafkah that must be given to close relatives who have difficulty nafkah by his brother who is capable of because of close family ties that bind the two, although there is a difference of opinion among experts Fiqh the family direction.
b. Legal
The law provides for nafkah relatives is mandatory, based on the arguments from the Quran, Sunnah and consensus'.
Theorem of Al-Quran.
Many verses show, we mention among them are:
- Word of God, which reads:
This clause requires every man to do good to both parents and their close relatives. You do this by providing livelihood to them, reached out for help and welcomes their requests. And no doubt that provide livelihood to them when they need and in difficult conditions is the most good deeds.
Instead, keep to not provide a nafkah for them, but have the ability and they really need a helping hand, of course this is contrary to the content of the verse that demands to do good.
Theorem of Sunnah
As for the arguments of the Sunnah are:
- Word of the Prophet to someone who came to him complaining about his father who has taken some of his wealth, then the Prophet said,
أنت ومالك لأبيك "You belong to your father and your treasure."
In this hadith, the Prophet tells us that property owned by a child's parents are also included property. If so then a father to feed itself from such property. Therefore, someone who will not feed itself will lead to destruction and including suicide and this is forbidden by God,
Theorem of Ijma’
The entire Muslim community since the first generation to this day, have agreed that both parents feed the poor who have no legal livelihoods is required to treasure their children. And each of the scholars have agreed that every person required to provide for her children who still do not have a small treasure. So that this does not cause them to perish, die, or displaced.
II.7. Kindship That Required Given Nafkah
FiqhUlama differ in determining the boundaries of kinship that must be given nafkahinto four opinions:
1. Maliki madhhab of the opinion that the kin is mandatory dinafkahi kinship with the birth directly. This opinion was agreed by all schools.
2. Shafi'imadhhab argues that kinship relations based on absolute birth. This is mandatory for parents to provide maintenance to their offspring and vice versa, without being limited by some degree.
3. Hanafis claim kinship which forbids marriage, not the other connections.
4. Hanbalimadhhab that is meant is the kinship that led to her relatives will get the inheritance from his family. This must be done by parents to their children and grandchildren, and vice versa. Likewise, it shall apply to all relatives, when they are entitled to receive a good legacy with fardhu (predetermined size) or residuary heirs (remainder of section fardhu), such as brothers, uncles and their children.
II.8. Required to Provide for Relative Term
The obligation to provide nafkah relatives have different requirements, among which are conditions that must be met in providing a nafkah to children and grandchildren, terms of providing livelihood to parents. And among them is the requirement of giving to children nafkah relatives.
1. Terms of Giving Children Grandchildren nafkah
Parents are not obliged to provide maintenance to the children and grandchildren unless they meet three conditions:
a. If parents are able to provide a nafkah to children and grandchildren. FiqhUlama have agreed that the obligation of parents to provide a nafkah for his children was not required of parents the ease of sustenance. However, the mandatory requirement is the ability alone.
Although parents were experiencing difficulties in making a nafkah.Nafkah is not a fall from the father unless he is a person who can notafford,nafkah for himself comes from other people either from their parents or their children. In conditions like this, its obligation to fall.
Because of the intellect, not burdened with the obligation he may provide for other people when his own life from another nafkah person.
b. When children and grandchildren that are the unbelievers. At home, people must bear their own livelihood.
c. children and grandchildren had been a person who is unable to work.
This can be known through the following points:
- Still Small
- Due to illness which prevented him working and trying to
- Demand that occupy science to work
- Women, the point is women who do not have a livelihood for its needs.
2. Terms Gives Parents nafkah
Conditions that require children and grandchildren to give a nafkah to his parents as follows:
a. If the parent is an indigent person, no possessions.
b. If the offspring is a person who is able to work and try.
It should be noted, in providing livelihood to parents, parental inability to work is not a requirement to provide a nafkah. So compulsory for a child to give to his parents nafkah as long as needed. Even if parents are able to work as well as your grandfather and so on either of the father or the mother. Because God forbid to hurt the elderly. If parents are forced to work when the child has sufficient, then this attitude, including hurting the elderly. Because the child is the result of the efforts of parents so that child's efforts also include a parent business.
3. Terms Provide your children nafkah relatives
To carry out maintenance to them by scholars who argue about it, required several things:
a. Their inability to work and their poverty. If a close relative who asks for a nafkah do not need it or he is able to work, then this person is not entitled to dinafkahi by his brother who has the self-sufficiency. As long as he is able to earn a nafkah for basic needs, it is not mandatory dinafkahi by others. The reason, it becomes mandatory nafkah in precarious circumstances to prevent relatives from destruction. Therefore, no mandatory menafkahinya long as he could get something that can meet their needs.
b. Ease of sustenance of people who give sustenance. Provide for the give and bear. These conditions are not realized unless the people who give and who bear a nafkah is a person who has a breadth of property that enables it to bear the burden of nafkah of others. This is according to God's word content, which reads:
c. One religion. This requirement must be met, as influential in determining inheritance. Equation aqidah religion is a requirement to inherit each other.
d. People who provide a nafkah is a person entitled to a legacy of people who givednafkah well with the division that has been determined (by fardhu) or residuary heirs.
II.9. Feed Goods Helds
After we explained in the discussion earlier about the nafkah that must be implemented on the basis of kinship, here we will explain about the nafkah that must be occurring because of ownership. Something that is owned by a person ranged from three kinds:
1. Slave
2. Animal
3. Inanimate objects
Each person is required to earn a slave who has, as well as all of its animals and others.
Legal Types of Nafkah
All fiqh scholars agree that providing a nafkah to what belongs to is mandatory and this has been explained by the Qur'an, Sunnah, and consensus'.
Theorem of Al-Qur’an
- Word of God, which reads
Theorem of Ijma’
All Muslims have agreed on the necessity to provide for the maintenance of the property owner. Because all of the benefits back to its owners and he was the person most concerned with it, so must live it. And also, because the property restrained and restricted to owners only. If he does not give nafkah, he would die of starvation or damaged due to not being treated so that obligatory upon the owner to prevent this danger and damage.
II.10. A Nafkah to Wife
1. the definition of a Nafkah Wife
A Nafkah Wives is claim against my husband since the Sharia for his wife in the form of food, drink, clothing, shelter, beds, services and more, in accordance with local tradition during still in the circle of norms of religious law.
2. the law of a Nafkah Wife And Dalil-Dalil
Scholars agree that the law giving the defination of nafkah for the wife is obliged as seen from the side of the law, and the impact of the proposed marriage is legitimate is also one of the rights of the rights which are owned by the wife of her husband as a consequence of the marriage Covenant which is considered legitimate by the Sharia.
• Dalil from Al-Quran
Many verses about this, including:
• a. the word of God which reads:
“ Hendaklah orang yang mampu member nafkahmenurutkemampuannya. Dan orang yang disempitkanrezekinyahendaklah member nafkahdariharta yang diberikan Allah kepadanya”.(QS.ATh-thalaq:7)
Ayatinimenunjukkankewajibansuamiuntukmemberikannafkahkepadaistrinyabaikistrinya kaya maupunsusah. Karenaitu, infaq(menafkahi ) menjadiperbuatan yang diperintahkanlantarantidakada yang memalingkannyadari status wajibdantidakada yang menghalanginya.
“ Kaumlaki-lakiadalahpemimpindarikaumwanita, karenaallahmelebihkansebahagianmereka (laki-laki) atassebahagian yang lain(wanita) , dank arena merekatelahmenafkahkansebagiandarihartamereka”. (QS. An-Nisa’:34)
• Evidence Of The Sunnah
a. Hadith Jabir, Calamities ever preaching in front of the companions with said:
"Summons you to God against wives of you guys.Verily you have taken them to the mandate of God and you guys have their pubic justifies the sentence of God. Liability for them not to enter into the beds you people you hate.If they do that, then strike them with a blow that left no handicap. And right you are (give) the food and clothing in a good way ". (Narrated By Muslim)
3. the causes which obliged to give nafkah to Wife
a. Madzhab a Hanafi
According to this order, as required for the husband to his wife menafkahi is keterkekangannya as a result of a legitimate marriage proposed to implement the rights of the husband.
b. Madzhabmaliki
According to the opinion of the correct view is that a living wife not required just because the Covenant of marriage, however, be compulsory when the woman had submitted himself to the husband to dicumbuinya with certain conditions.
c. MadzhabSyafi’i and Hambali
MadzhabSyafi’iin this issue have two opinions, the opinions of the old and new.
According to the opinion of the lam aa living be compulsory since proposed marriage and be implemented policies continue to surrender her to digauli. As for the new opinion that their basis and was also embraced by themselves a Hambali, that a living not compulsory only with the approval of the marriage, because enforced Covenant only requires the existence of the dowry, does not require two different elements which replaced the dowry and a living because of the obscurity of nominal income.
4. Mandatory Requirements for give nafkah wife
A husband and wife are obliged to give nafkah when the following conditions are met:
a.MadzhabHanafi
1. approval of marriage should be implemented with legitimate, because the marriage was broken or cancel does not make a wife has the right to earn a living.
2. Should the rights of the husband not tersia-siakan by the wife during at home without the pedestal's that justified religion or not caused by my husband.
3. If the wife is eligible for the realisation of the purpose of marriage and other demands.
b. Madzhabmaliki, Hanbali and Shafi'i
A nafkah wife becomes mandatory for a husband to the wife has memasrahkan himself to the husband and capable of sexual intercourse without any obstruction from the husband.And also required should the husband is the people who are already reaching puberty.
II.11. The obligation of a Nafkah husband by fuqaha
The four imam madzhab themselves that Maliki, Hanafi, Shafi'i, and Hanbali agreed that provide a nafkah that the law obliged after the existence of ties in a marriage. But the four imam themselves have differences regarding the condition, time and place, the difference lies in the time, size, who must issue a nafkah and to anyone in order to make it mandatory. The four priests themselves agreed that a nafkah include textiles, food and housing.
As for the opinion of each of the fuqaha as follows:
a. Madzhab Maliki
According to Imam Malik suffice a nafkah family is the third obligation of a husband after paying the dowry and do justice to my wife. In case of separation between husband and wife, both because of divorce or death of the original wife remains a treasure belonging to the wife and husband's original property remains the property of the husband, according to the time the enactment giving themselves a Maliki to make compulsory if the husband had mengumpuli his wife. So it's a living was not compulsory for husband before he gathered with his wife.
While on the size or number of a nafkah to be issued is adjusted to the ability of the husband. In order to make this mandatory given to the wife who does not nusyuz. If the husband is there or is still alive but he is not available or are traveling husband remains obligated to put out anafkah for his wife.
b. MadzhabHanafi
According to Hanafi suffice a nafkahwife is a second obligation of the husband after paying the dowry in a marriage. A nafkah are required for the husband over his wife are already reaching puberty. Regarding the amount of income required by a husband against wife adapted to the conditions and time. This is because the ability between one person with another person is different. The distinction is the number of nafkah it based on the work of the husband, so the levels or number of a nafkah can vary between families with one another. The opinion of Imam Hanafi mentions that a nafkah must given to a wife who does not nusuz. But if the husband is still alive she not available then the husband is not obligated to provide a nafkah to my wife.
c. MadzhabSyafi’i
According to the Shafi'i rights the wife as the obligations of the husband to his wife is paying a nafkah. A nafkahincludes, food, clothing, and shelter. A nafkah must given to his wife who was already reaching puberty. While on the size of a nafkah being mandatory was given to the wife on the basis of the ability of each. As for the details i.e. If the husband is able to then a living person that is mandatory is issued every day is 2 mud, medium 1 ½ mud, and if the husband the hard mud is 1. A living was mandatory given to my wife's not nusuz for my husband's and independent.
d. MadzhabHambali
According to Hambali, husband is obligated to pay or satisfy a nafkahof his wife if the first wife was already mature and have been dikumpuli by the husband, both, wife (women) give themselves completely to her husband. In order to make the obligatory are met by the husband include food, clothing, and right living. Give this food must, each day that started since the publication of the Sun. While on a nafkahthat way clothes were adapted to the condition of the economy of the husband. When the wife is wearing clothes that rough then required for the husband to give a rough cloth for the residence obligation also customized according to the condition of the husband.
II.12. Rights and Obligations of Husband and Wife according to the Legislation
Discussion about the rights and obligations, the husband and wife according to the legislation provided for in Act No. 1 of 1974 about marriage and compilation of Muslim law. In the UUP No. 1 of 1974 provided for in CHAPTER VI of article 30 to article 34, while in KHI
provided for in CHAPTER XII, article 77 to article 84.
1. Rights and Obligations of the Husband according to the Marriage Law No. 1 in 1974
Discussion of the rights and obligations of husband and wife are laid out in CHAPTER VI of article 30 to article 34.
Article 30 reads "husband and wife assume the obligation to uphold the noble household become joints the foundation of the order of the community."
Article 31 of UU No. 1 of 1974 about the marriage stating:
1. the rights and position of the wife is balanced with the rights and position of the husband in the life of the household and the guidelines for living together in society.
2. each party reserves the right to conduct legal actions
3. the husband is the head of the family and the wife of housewife.
Furthermore, article 32 of the UU of marriage asserts
1. the husband and wife shall have a fixed place of residence
2. Home residence referred to in subsection (1) of this article are determined by the husband and wife together.
In article 33 of the UU of marriage asserts, "the husband and wife is obliged to mutual love, respect, loyalty and give assistance to one inner born."
Article 34 of the of UU marriage mentioned:
1. the husband is obligated to protect his wife and give everything needs preclude life according to his ability.
2. the wife is obliged to manage the Affairs of the household as well as possible
3. If the husband or wife for neglecting their obligations each may file a lawsuit to the Court religion.
2. Rights and Obligations of husband and wife according to KHI (a compilation of the laws of Islam)
Part One
General
Article 77
(1) a husband and wife bear the obligation to uphold the noble household sakinah, mawaddah and-the basic and the joint community arrangement
(2) the husband of the wife is obliged to mutual love , respect, loyalty and assistance was born internal one to the other;
(3) a husband a wife bear the obligation to deliver and nurture their children, both about the growth of the physical, spiritual and religious education and his wit;
(4) the husband of the wife is obliged to maintain his honour;
(5) if the husband or the wife of shirking its obligations each can file a lawsuit to Court
Article 78
(1) the husband of the wife should have a fixed place of residence.
(2) Houses the residence of the referred to in subsection (1), determined by the husband and wife together.
The Second Part
The Position Of The Husband And Wife
Article 79
(1) the husband is the head of the family and the wife of the housewife.
(2) the rights and position of the wife is balanced with the rights and position of the husband in life household and relationship live together in society.
(3) each Party shall have the right to do the deeds of the law.
a. Obligations of the husband
Article 80 compile Islamic law governing the obligation of the husband towards his wife and family. This article consists of 7 verses, as follows:
1. the husband is the supervisor of the wife and the bylaws,
but about things important household affairs-matters decided by the husband and wife together.
2. the husband is obligated to protect his wife and give everything
preclude life purposes in accordance with his abilities
3. the husband is obliged to give religious education to his wife and
provide an opportunity to learn useful knowledge anduseful for religion, homeland and nation.
4. In accordance with their income husband bear:
(a) a living, the kiswah, and residence for the wife
(b) costs of households, the cost of care and medical expenses for his wife and children
(c) the cost of education
5. the obligation of the husband to his wife as in paragraph (4)the letters a and b above applies when there is a perfect of tamkin his wife.
6. the wife can free her husband from her duties to theas mentioned in subsection (4) the letters a and b.
7. the obligation of the husband referred to paragraph (5) fall if wife nusyuz.
About the obligations of the husband to provide a place of residence, a compilation set it in article 81 as follows:
1. the husband is obliged to provide a residence for his wife and sons his son or former wife still in iddah
2. place of residence is the residence for the wifeduring the marriage bond, or in the iddah of talak or iddah of died.
3. place of residence is provided to protect his wife and sons his son from the other, so they feel safe and nothing, the residence also serves as a place. Save your treasures, as a place to organize and manage household tools.
4. the husband is obligated to complete the residence in accordance with the
a. ability as well as customized with State of the environment his home, either in the form of household equipment and tools other ancillary facilities.
CHAPTER III
CLOSING
III.1. Conclussion
The obligations of Husband arefollowing:
1. Husband is a leader in the household, and he will be held accountable for his leadership it before God Almighty, Allah SWT feirman which means: They will be asked about what everKalia. (Surat an-Nahl: 93)
2. The responsibilities of the husband in Islam has a wide scope, encompassing responsibility for their own religion, himself, his wife, children, family, wealth, knowledge, and his work,. It was based on the word of the Prophet which says: it is not a servant stepped on the Day of Resurrection, but he will be asked about four things: about his age, where he spent, about his youth, where he uses, on property, from which he got and where he spent, and about science, where he uses. (Narrated by Tirmidhi)
3. Husband should seek to achieve balance between duty and responsibility, that responsibility should not make another job abandoned. As testament to the Prophet: To your Lord you have the right, to your family you have rights, and against yourself, you also have rights. So give the right of each according to its portion, (HR. Ahmad)
4. A husband also has the obligation and responsibility to his wife, such as helped implement the teachings of religion, intercoursing her well, to feed, guard of honor, comfort her and help her in domestic affairs if necessary. As word of Allah which means: Most of the signs of his power, he created for you mate of your kind, for you have fun with it, and make the love of you saying. (SuratAr-Rum: 21)
5. Obligations and responsibilities as parents to their children, such as providing Islamic education, keeping practice of worship, provide moral education, to feed and educate, provide training on family affairs and life, reduce talent and teach preaching at street gods. As testament to the Prophet Muhammad: educating children for the husband is better than charity single bushel. (Reported by Tirmidhi)
BIBLIOGRAPHY
1. Al Qur’an Al Kariim
2. H.Abdurrahman, KompilasiHukum Islam di Indonesia, AkademikaPresindo, Jakarta, 1995
3. http://id.wikipedia.org/wiki/Suami
4. http://kamusbahasaindonesia.org/suami
5. Imam Qodzi Abu walid,2002. BidayatulMujtahid, Juz 3, Dar Al-Fikr
6. Muhammad Ya’QubThalib, 2007.Nafkah Istri, Darussunah
7. Suparyanto, KonsepSuami,http://dr-suparyanto.blogspot.com/2011/05/konsep-suami.html
8. Syahatah,Husain.2005. TanggungJawabSuamidalamRumahTangga. SinarGrafikaOffset:Jakarta
9. Syaikh Al-allamah Muhammad, Fiqh 4 madzab , Hasyimi press, Bandung,2001
10. Undang-UndangPerkawinan di Indonesia, Arkola, Surabaya
INTRODUCTION
I.1. Background
Relationship between husband and wife, there are many things that need to bein the know and understood by both, as in families, each family member can not stand alone but there should be a harmonious interaction between each family member, to create such an atmosphere it is necessary understanding depth about the obligations and rights of each family member.
Husband is a leader in the family that his role is very great, and therefore becamea husband in need in-depth understanding of obligations that must be done by the husband.
Husband as a leader in the family must have a sense of responsibility to their family members, not to families who brought a broken family. Therefore there are things that must be known in advance for any husband's behavior became model for family members.
Allah affirms in his wordth at means: you will from some of asked about the deed That every out do (Surat an-Nahl: 93)
I.2. Formulation of the Problem
1. What the meaning of husband?
2. What the husband's responsibility in the family in the view of Islam?
3. How an understanding of living according to 4 schools!
4. How an understanding of living according to laws wedding!
5. How an understanding of nafkah according to Compilation of Islamic Law !
I.3. Theporpuse of Writing
1. To understand the meaning of husband
2. To know the husband's responsibility in the family in the view of Islam
3. To know an understanding of nafkah according to 4 schools
4. To know an understanding of nafkah according to laws wedding
5. To know an understanding of nafkah according to Compilation of Islamic Law
CHAPTER II
DISCUSSION
II.1. Understanding Husband
The husband is the partner's wife (father of the children), the husband has a full responsibility in a family and the husband has an important role, husband is prosecuted not just as a breadwinner but the husband as a motivator in a variety of policies that will be resolved, including family planning .
According to Big Indonesian Dictionary online, the husband is the man who became an official partner of a woman (wife).
Husband is one of actor of wedding which male-sex. A man usually marrie a woman in a wedding ceremony before formalized its status as a husband and his partner as a wife. In various religions usually a man can only marry one woman. (Wikipedia)
II.2. The responsibility of a husband against wife in islam
IslamicShari'ahasset theobligation of the husbandagainsthis wife, as a form of demands and responsibilities. When responsibilityis missing, it will result in the destruction of family life, and among the husband's responsibility are :
1. The Responsibility of Guiding the Wife to Obey Allah and Deepening their Religious Knowledge
The most important responsibility is to guide his wife to worship Allah SWT and deepening of religious knowledge, by bringing his wife to attend the Majlis-Majlis science and advised his wife with a gentle manner.
Allah said which the meaning is: The man is the leader for women, because Allah has preferred some of them on a part of the other part(.QS.An-Nisa: 34 )
RasullullahSAW allow the women to pray in the mosque and attend the Majlis-Majlis science as described in the Hadith, which means as follows:
From Aisha RA who said: We, woman (mukmin) ever to attend dawn prayers along with Prophet Muhammad. By covering the entire body with a cloth. Then we go back home after performing prayers in congregation. None of us who come home late. {HR. Bukhariand Muslim}
2. Responsibility toget alongwellwith my wife
A husband should treat her wife well. As described in the Qur'an which means:
And among His signs is that He created him for you wives from your clon, so that you tend and feel at ease to her, and made among you a sense of love and affection, indeed, in this really are Signs for those who think {QS.Ar.Rohman: 21}
Prophet Muhammad has affirm about the need to act nicely, as there is in saying of Prophet Muhammad SAW: Faith of a believer (mukmin) who The mostperfectis the best attitude. And, best of you is the best treatment of his family. {HR.Ahmad and Tirmidhi}
3. Responsibilities of giving feed (nafkah)evenly
Islamic law has outlined the obligation of the husband to feed his wife. This has been alluded to in al'qur'an which means: The mothers shall suckle their children for two whole years, ie for those who want to improve the arrangement. And obligations of fathers to give food and clothes to mothers with kindness.A person is not burdened in accordancewith its ability. {QS.Al-Baqarah: 23}
Prophet said: For those of youhusbands responsible for feeding their wives and give cloth well. {HR. Bukhari}
4. Responsibility in intercourse with wife
Childbearing is part of the Islamic requirement. So, either a husband or wife should not preclude the right of spouses to have sex.Asconfirmedin the word of Allah SWT which means: The mothers shall suckle their children for two whole years, ie for those who want to improve the arrangement.And obligations of fathers to give food and clothes to mothers with kindness. A person is not burdened in accordancewith its ability. {QS.Al-Baqarah: 23}
And the wills of Rosulullah SAW said: marrie fertile women because I would be proud if my societies are lot. {HR.Ahmad}
5. Responsibility keeping the Honor and Feelings
Husbands are responsible for maintaining his wife ari all things that can damage honor, persecute, underestimate the glory as human beings, destroy the reputation and feelings, and betray a promise deliberately. Prophet Muhammad was asked: "What the wife of our rights?" The prophet SAW said: Give her a meal if you eat, give her clothes if you get dressed, do not you hit her, hurt her, separating her bed, except in his own {home}. {HR. Ahmad, Abu Dawood, An-da Nasa'i.}
6. Responsibility for Making Wife fun
Shari'a Islam obliges a husband to make his wife happy, playing, and joking with him. As in the Sunnah of the Prophet Muhammad, which means: From Aisha ra. He said: "at the feast of Eid, people play a shield {made of leather }, and playing war. "The Prophet said: you see them play, do you want to play? Aisha replied: "yes" He then lifted me behind her back, cheek to cheek in touch with him. "Rasuluallah said: O Children of Arfadah, I'll play with you guys until I get bored. Prophet Muhammad then said: Enough {stop playing} "Aisha replied:" good "Then the Messenger of Allah ask her to go home. {Bukhari and Muslim}
7. Husband Responsibilities helping wife Implement Family Duties
Islam obliges a husband to help her in completing household tasks, especially when circumstances force a wife to ask for help from her husband. As in the word that means Allah SWT: .. And help in (do), virtue and piety, and not to mutual help in sin and transgression. And fear Allah, verily Allah is severe in punishment {QS.Al-Maidah: 2}
A'ishah was asked: What does Rasulallahdo in home? "I {Assia} replied:" He always helped their family. "{HR. Bukhari}
From Aisha RA. He spoke of himself Rasulallah s: '"He sewed slippers and clothes, a maid at home, as you become the servant at your home. {HR. Ahmad}
8. Responsibilities of Doing Good to Both Parents
Husband invites and helpthe wife to do good to his parents in a relationship relationshipbetween the both of them. As word of Allah which means: And your Lord has commanded that ye should not worship other than Him, and let you do good on your father's mother with the best. If any one of them or both in saving you till old , so do not ever say to them saying "ah" and do not shout them and say unto them a noble word {QS.Al-Isra: 23}
Prophet emphasized in his saying: It got so bad and he lost his fate {ulangu for three times. They asked "O Messenger of Allah who are them?" Rasulallah answer: People who know her parents have died or one of them, but he was unable to put it into heaven.
II.3. FosteringResponsibilityHusbandofHouseholdsinIslamicPerspective
Responsibilities of the husband against his family made for the creation of an Islamic family and therefore in need supervision dam alignment as collateral for the correctness of the principles and good process. In this discussion described how to make improvements to the shari'ah violations involving the husband's responsibility towards his family. This will impact on the occurrence of negative effects on children's self, and between the responsibility of husband against wife and kids go round as follows :
A. Developing the Islamic Education in a Perfect toward All Family Members
The husband is obliged to help his wife and children make the rules of spiritual education, science, and social inviting. This was pursued in order to create balance, cooperation, and ties bain between them so that, for all the family becomes the obedient servant, and a good example in society.
B. Creating Rules as control and oversight in the Family Environment
Household Muslims will try to build and educate children with commendable morality and manners. In the event of violations or mistakes that is done then the husband as head of the family shall be advised for the violators become aware and do not repeat it.
C. Seeking Alternative Program to replace the Islamic shari'ah prohibited toxicity
The globalization era is the era of acculturation and Indonesia is not a country under the umbrella of Islam. No wonder if the culture from outside the premises mixed Indonesian culture, from which there will be many challenges da gi husbands to control her children not to fall into doing the forbidden culture shari'ah.
Having looked damaged in the household sector even to the scientists, education, information, games and recreational facilities that diverse. Lots of examples and ways that are totally contrary to Islamic teachings. Not enough forbid itonly limited, but the head of the household should make changes to the Islamic way of what is not in accordance with our principles. Certainly not just say, "This should not be, this is bad, but at least they make good change, easy to do, and can dikonkretkan in real form.
For example, we describe the following explanation.
1. Making books that have targeted Muslim religious education. To replace the books that contain education that conflict with Islamic law.
2. Islamic magazines that have a target to replace magazines that damage and pornography.
D. Participated in Any Social Events
Household is the foundation of a society. Household is a small community of Muslim society. Therefore, a head of household should work with the wives and children, to dispel the influence of the entry in the community. Also, attempts to give assistance to people and help to finish their needs. This is an obligation and is needed by the community. The results will be achieved is the creation of a stable social community and to provide understanding Islam to others in the form of tangible reality.
There is some good advice for this problem, namely as follows:
1. Participate in community events.
2. Member neighboring rights, as do good to the neighbors
3. Assist each other Islamic events in the community
4. Help each other in events that are not routine, such as weddings and births of children and the like with it.
5. Exchanging valuable gifts, as words of the Prophet Muhammad: People who exchanged gifts, they would love each other. (HR.Bukhari)
6. Improving the current atmosphere of warring groups
7. Giving alms and charity property to the neighbors
8. Participate in collaboration with others in social activity.
E. Pray and ask for help to Allah SWT when Happen Polemic
Sometimes arise various problems in the household. It would be hard to find the answer if not found the cause. To fix this, we should sing a heartfelt prayers to the gods. Bleak word of Allah which means:
And your god says: "Pray to Me, then surely would I turn down" (Surah Al-Mu'min: 40)
II.4. Definition of Nafkah
1. Nafkah according to etimology
Nafkah in Arabic is derived from the word masdarnufuq. For example:
(نفق الفرس والدابة وسائر البهائم ينفق نفوقا) ie, horses, reptiles, and all animals were dead.
When taken away from words such nafaaq you say, (نفق البيع نفاقا (ie, trade is really in demand. And also (نفقت السلعة تنفق نفقا), namely, goods that cost becomes expensive.
Ibn Manzhur and his says end by saying, "spend their wealth means is spending it."
Allah says,
47. dan apabila dikatakakan kepada mereka: "Nafkahkanlahsebahagiandarireski yang diberikan Allah kepadamu", Maka orang-orang yang kafir itu berkata kepada orang-orang yang beriman: "Apakah Kami akan memberi Makan kepada orang-orang yang jika Allah menghendaki tentulah Dia akan memberinyamakan, Tiadalah kamu melainkan dalam kesesatan yang nyata". (QS.Yasiin : 47)
The point is: you spend most of sustenance in the way of Allah, give food and shadaqah and said astanfiquhu means I spend it. Nafkah is something that gived nafkah, and the plural of the word is nifaaq nafaqah. Then IbnMandzur continued: And the nafkah is something that you spend on family and for yourself.
From discussion above, can be concluded that the nafkah are a commonly used word for something that you spend either dirhams or any other form of money for yourself or someone else.
2. Nafkah according to terminology
Any person who to his standard fiqh books in four schools, he will gain some understanding of diverse nafkah according to the madhhab difference. The author will provide the definitions are accompanied by the necessary explanation. After that, compare the definitions were based on the explanations that have been passed.
a. Definition of nafkah according to Hanafis
Definition of nafkah according them is: "delegation to something with the things that cause its eternal.
Explanation:
The purpose of the Hanafimadhhab jurists And Allaah knows best-of-words al-idrar (delegate) in the definition above is to spend and give. The purpose of the word al-syaiu (to something) is a common lafadz that could include life and others.
The purpose of the sentence (with the things that cause kelanggengannya) is something that must be met either in the form of food, clothing, shelter or other things that are urgent, it is impossible to ignore for the sake of continuity of life and growth.
It need to pay attention that some of the Hanafimadhhab scholars generally use the word nafkah for food alone without inserting clothing and shelter, so they say: compulsory for a husband to feed and provide clothing for a wife. Besides food, they also include clothing and shelter.
As for Muhammad bin Hasan Ash-Syaibani, disciple of Imam Abu Hanifah interprets nafkah with food, clothing and shelter when answering questions about the meaning of nafkahHisham.
b. Definition of nafkah According to Maliki madhhab
Arafat Ibn al-Maliki said, "nafkah is something that became the backbone of the standard for human life without any element of extravagance."
Explanation :
Some scholars interpret Maliki nafkah with only basic food, others include clothing in the category of nafkah. And that aspect is clearly visible by a nafkah writer that covers all the needs without separation or determination.
The phrase "without the element of waste" to exclude a nafkah that contain redundant elements that hated and forbidden by the shari'ah also disliked by human nature, a form of nafkah that exceeds the normal requirements and reasonable level as someone who usually just one kilogram of meat and then he asked for more from it.
From the definition above can be concluded the following points:
1. The definition covers only those nafkah on a nafkah wife and relatives to be met.
2. The above definition does not cover the needs of farm animals that are not included because there are human words (the definition), whereas the cattle feed is also one of obligation.
So, the definition does not cover all kinds of nafkah.
c. Definition of nafkah according to the Shafi'imadhhab
Nafkah according to their terms are: Foods that have been determined for a wife and aides to be borne by the husband and also for both of them better than primary nasab line (father to the top) or secondary lineage, such as children and grandchildren, and slaves and pets with adequate levels.
Explanation :
It could be noted that this definition includes three kinds of maintenance:
a. Nafkah wives into the explanation "Food that has been determined for a wife and aides."
b. Nafkah relatives included in the explanation of "Food that has been determined to ... primary nasab line (father to the top) or secondary lineage."
c. Maintenance of property included in the explanation "and to slaves and pets with adequate levels."
This understanding is devoted only to the food just so it does not include side dishes, clothing and shelter.
Maybe because behind specialism nafkah here with food, is because the amount of food for his wife and aides according to their proportion. Unlike the case with the supply of food for the relatives and personal property that is not quantified, so they set a specialism nafkah with food.
d. Definition of nafkah according to Hanbalimadhhab
HanbalimadhhabUlama interpret nafkah with: "Providing adequate to the person who paid either in the form of bread, side dishes, clothing, shelter and others.
Explanation :
Someone who is looking at this definition he will find that this definition covers all their nafkah needs and demands. This understanding also contain some things that need to get an explanation, among which are:
1. The word kifayah (sufficient) meant that the maintenance of a yield maintenance required is enough for people who paid their livelihoods by someone either in the form of bread, side dishes, clothes and others.
2. And entered also in the explanation (of people covered) all persons who are entitled to nafkah the good wife, a close relative, or a slave. So this is a definition that covers all the points and the limit.
Comparison between the definitions above
Once we explain the definitions above nafkah according to the famous schools in Islam, we find:
a. Everything is agreed in terms of meaning and purpose, although different textual disclosure in the use of words.
b. All this sense includes all cases that are equally agreed as to eat, drink, clothing and shelter. And so it was obvious that the definition of nafkah according to the madhhabHanafi, Shafi'i, and Hambali is more thorough and more extensive because of its content which includes all persons who have dinafkahi either himself or others, and also includes all types of maintenance are required and different kinds different.
The definition of the Maliki madhhab, author judged less than perfect because it does not cover nafkah animals which is also obligatory. Because basically go in a nafkah personal items. They tertuntut to define accurately a nafkah.
II.5. Cause out Obligation of Nafkah
All the scholars of Fiqh from many different schools have agreed that the causes that require a nafkah there are three: wife, relatives and property.
Although in this matter, there are differences of opinion among the scholars of Fiqh about the limitations of kin who should receive a nafkah as we shall explain in the discussion later.
II.6. Types of Nafkah
In the discussion this time the author will describe the types of nafkah with a written description of its legal mesing individual and their arguments. Also a brief description about the limitations of relatives who must receive a nafkah as well as the terms by the Fiqh experts without detailed explanation that will be discussed in talks about a nafkah wife, who we are in pengkajiannya with God's help.
And this is the discussion of each kind of nafkah.
Nafkah when the terms of the causes of their spending is divided into three kinds:
1. Nafkah Relatives
2. Property Maintenance
3. Wife Nafkah, will be discussed at the upcoming chapter
1. Nafkah Relatives
a. Definition of a nafkah relative
Definition of nafkah relatives is: nafkah that must be given to close relatives who have difficulty nafkah by his brother who is capable of because of close family ties that bind the two, although there is a difference of opinion among experts Fiqh the family direction.
b. Legal
The law provides for nafkah relatives is mandatory, based on the arguments from the Quran, Sunnah and consensus'.
Theorem of Al-Quran.
Many verses show, we mention among them are:
- Word of God, which reads:
This clause requires every man to do good to both parents and their close relatives. You do this by providing livelihood to them, reached out for help and welcomes their requests. And no doubt that provide livelihood to them when they need and in difficult conditions is the most good deeds.
Instead, keep to not provide a nafkah for them, but have the ability and they really need a helping hand, of course this is contrary to the content of the verse that demands to do good.
Theorem of Sunnah
As for the arguments of the Sunnah are:
- Word of the Prophet to someone who came to him complaining about his father who has taken some of his wealth, then the Prophet said,
أنت ومالك لأبيك "You belong to your father and your treasure."
In this hadith, the Prophet tells us that property owned by a child's parents are also included property. If so then a father to feed itself from such property. Therefore, someone who will not feed itself will lead to destruction and including suicide and this is forbidden by God,
Theorem of Ijma’
The entire Muslim community since the first generation to this day, have agreed that both parents feed the poor who have no legal livelihoods is required to treasure their children. And each of the scholars have agreed that every person required to provide for her children who still do not have a small treasure. So that this does not cause them to perish, die, or displaced.
II.7. Kindship That Required Given Nafkah
FiqhUlama differ in determining the boundaries of kinship that must be given nafkahinto four opinions:
1. Maliki madhhab of the opinion that the kin is mandatory dinafkahi kinship with the birth directly. This opinion was agreed by all schools.
2. Shafi'imadhhab argues that kinship relations based on absolute birth. This is mandatory for parents to provide maintenance to their offspring and vice versa, without being limited by some degree.
3. Hanafis claim kinship which forbids marriage, not the other connections.
4. Hanbalimadhhab that is meant is the kinship that led to her relatives will get the inheritance from his family. This must be done by parents to their children and grandchildren, and vice versa. Likewise, it shall apply to all relatives, when they are entitled to receive a good legacy with fardhu (predetermined size) or residuary heirs (remainder of section fardhu), such as brothers, uncles and their children.
II.8. Required to Provide for Relative Term
The obligation to provide nafkah relatives have different requirements, among which are conditions that must be met in providing a nafkah to children and grandchildren, terms of providing livelihood to parents. And among them is the requirement of giving to children nafkah relatives.
1. Terms of Giving Children Grandchildren nafkah
Parents are not obliged to provide maintenance to the children and grandchildren unless they meet three conditions:
a. If parents are able to provide a nafkah to children and grandchildren. FiqhUlama have agreed that the obligation of parents to provide a nafkah for his children was not required of parents the ease of sustenance. However, the mandatory requirement is the ability alone.
Although parents were experiencing difficulties in making a nafkah.Nafkah is not a fall from the father unless he is a person who can notafford,nafkah for himself comes from other people either from their parents or their children. In conditions like this, its obligation to fall.
Because of the intellect, not burdened with the obligation he may provide for other people when his own life from another nafkah person.
b. When children and grandchildren that are the unbelievers. At home, people must bear their own livelihood.
c. children and grandchildren had been a person who is unable to work.
This can be known through the following points:
- Still Small
- Due to illness which prevented him working and trying to
- Demand that occupy science to work
- Women, the point is women who do not have a livelihood for its needs.
2. Terms Gives Parents nafkah
Conditions that require children and grandchildren to give a nafkah to his parents as follows:
a. If the parent is an indigent person, no possessions.
b. If the offspring is a person who is able to work and try.
It should be noted, in providing livelihood to parents, parental inability to work is not a requirement to provide a nafkah. So compulsory for a child to give to his parents nafkah as long as needed. Even if parents are able to work as well as your grandfather and so on either of the father or the mother. Because God forbid to hurt the elderly. If parents are forced to work when the child has sufficient, then this attitude, including hurting the elderly. Because the child is the result of the efforts of parents so that child's efforts also include a parent business.
3. Terms Provide your children nafkah relatives
To carry out maintenance to them by scholars who argue about it, required several things:
a. Their inability to work and their poverty. If a close relative who asks for a nafkah do not need it or he is able to work, then this person is not entitled to dinafkahi by his brother who has the self-sufficiency. As long as he is able to earn a nafkah for basic needs, it is not mandatory dinafkahi by others. The reason, it becomes mandatory nafkah in precarious circumstances to prevent relatives from destruction. Therefore, no mandatory menafkahinya long as he could get something that can meet their needs.
b. Ease of sustenance of people who give sustenance. Provide for the give and bear. These conditions are not realized unless the people who give and who bear a nafkah is a person who has a breadth of property that enables it to bear the burden of nafkah of others. This is according to God's word content, which reads:
c. One religion. This requirement must be met, as influential in determining inheritance. Equation aqidah religion is a requirement to inherit each other.
d. People who provide a nafkah is a person entitled to a legacy of people who givednafkah well with the division that has been determined (by fardhu) or residuary heirs.
II.9. Feed Goods Helds
After we explained in the discussion earlier about the nafkah that must be implemented on the basis of kinship, here we will explain about the nafkah that must be occurring because of ownership. Something that is owned by a person ranged from three kinds:
1. Slave
2. Animal
3. Inanimate objects
Each person is required to earn a slave who has, as well as all of its animals and others.
Legal Types of Nafkah
All fiqh scholars agree that providing a nafkah to what belongs to is mandatory and this has been explained by the Qur'an, Sunnah, and consensus'.
Theorem of Al-Qur’an
- Word of God, which reads
Theorem of Ijma’
All Muslims have agreed on the necessity to provide for the maintenance of the property owner. Because all of the benefits back to its owners and he was the person most concerned with it, so must live it. And also, because the property restrained and restricted to owners only. If he does not give nafkah, he would die of starvation or damaged due to not being treated so that obligatory upon the owner to prevent this danger and damage.
II.10. A Nafkah to Wife
1. the definition of a Nafkah Wife
A Nafkah Wives is claim against my husband since the Sharia for his wife in the form of food, drink, clothing, shelter, beds, services and more, in accordance with local tradition during still in the circle of norms of religious law.
2. the law of a Nafkah Wife And Dalil-Dalil
Scholars agree that the law giving the defination of nafkah for the wife is obliged as seen from the side of the law, and the impact of the proposed marriage is legitimate is also one of the rights of the rights which are owned by the wife of her husband as a consequence of the marriage Covenant which is considered legitimate by the Sharia.
• Dalil from Al-Quran
Many verses about this, including:
• a. the word of God which reads:
“ Hendaklah orang yang mampu member nafkahmenurutkemampuannya. Dan orang yang disempitkanrezekinyahendaklah member nafkahdariharta yang diberikan Allah kepadanya”.(QS.ATh-thalaq:7)
Ayatinimenunjukkankewajibansuamiuntukmemberikannafkahkepadaistrinyabaikistrinya kaya maupunsusah. Karenaitu, infaq(menafkahi ) menjadiperbuatan yang diperintahkanlantarantidakada yang memalingkannyadari status wajibdantidakada yang menghalanginya.
“ Kaumlaki-lakiadalahpemimpindarikaumwanita, karenaallahmelebihkansebahagianmereka (laki-laki) atassebahagian yang lain(wanita) , dank arena merekatelahmenafkahkansebagiandarihartamereka”. (QS. An-Nisa’:34)
• Evidence Of The Sunnah
a. Hadith Jabir, Calamities ever preaching in front of the companions with said:
"Summons you to God against wives of you guys.Verily you have taken them to the mandate of God and you guys have their pubic justifies the sentence of God. Liability for them not to enter into the beds you people you hate.If they do that, then strike them with a blow that left no handicap. And right you are (give) the food and clothing in a good way ". (Narrated By Muslim)
3. the causes which obliged to give nafkah to Wife
a. Madzhab a Hanafi
According to this order, as required for the husband to his wife menafkahi is keterkekangannya as a result of a legitimate marriage proposed to implement the rights of the husband.
b. Madzhabmaliki
According to the opinion of the correct view is that a living wife not required just because the Covenant of marriage, however, be compulsory when the woman had submitted himself to the husband to dicumbuinya with certain conditions.
c. MadzhabSyafi’i and Hambali
MadzhabSyafi’iin this issue have two opinions, the opinions of the old and new.
According to the opinion of the lam aa living be compulsory since proposed marriage and be implemented policies continue to surrender her to digauli. As for the new opinion that their basis and was also embraced by themselves a Hambali, that a living not compulsory only with the approval of the marriage, because enforced Covenant only requires the existence of the dowry, does not require two different elements which replaced the dowry and a living because of the obscurity of nominal income.
4. Mandatory Requirements for give nafkah wife
A husband and wife are obliged to give nafkah when the following conditions are met:
a.MadzhabHanafi
1. approval of marriage should be implemented with legitimate, because the marriage was broken or cancel does not make a wife has the right to earn a living.
2. Should the rights of the husband not tersia-siakan by the wife during at home without the pedestal's that justified religion or not caused by my husband.
3. If the wife is eligible for the realisation of the purpose of marriage and other demands.
b. Madzhabmaliki, Hanbali and Shafi'i
A nafkah wife becomes mandatory for a husband to the wife has memasrahkan himself to the husband and capable of sexual intercourse without any obstruction from the husband.And also required should the husband is the people who are already reaching puberty.
II.11. The obligation of a Nafkah husband by fuqaha
The four imam madzhab themselves that Maliki, Hanafi, Shafi'i, and Hanbali agreed that provide a nafkah that the law obliged after the existence of ties in a marriage. But the four imam themselves have differences regarding the condition, time and place, the difference lies in the time, size, who must issue a nafkah and to anyone in order to make it mandatory. The four priests themselves agreed that a nafkah include textiles, food and housing.
As for the opinion of each of the fuqaha as follows:
a. Madzhab Maliki
According to Imam Malik suffice a nafkah family is the third obligation of a husband after paying the dowry and do justice to my wife. In case of separation between husband and wife, both because of divorce or death of the original wife remains a treasure belonging to the wife and husband's original property remains the property of the husband, according to the time the enactment giving themselves a Maliki to make compulsory if the husband had mengumpuli his wife. So it's a living was not compulsory for husband before he gathered with his wife.
While on the size or number of a nafkah to be issued is adjusted to the ability of the husband. In order to make this mandatory given to the wife who does not nusyuz. If the husband is there or is still alive but he is not available or are traveling husband remains obligated to put out anafkah for his wife.
b. MadzhabHanafi
According to Hanafi suffice a nafkahwife is a second obligation of the husband after paying the dowry in a marriage. A nafkah are required for the husband over his wife are already reaching puberty. Regarding the amount of income required by a husband against wife adapted to the conditions and time. This is because the ability between one person with another person is different. The distinction is the number of nafkah it based on the work of the husband, so the levels or number of a nafkah can vary between families with one another. The opinion of Imam Hanafi mentions that a nafkah must given to a wife who does not nusuz. But if the husband is still alive she not available then the husband is not obligated to provide a nafkah to my wife.
c. MadzhabSyafi’i
According to the Shafi'i rights the wife as the obligations of the husband to his wife is paying a nafkah. A nafkahincludes, food, clothing, and shelter. A nafkah must given to his wife who was already reaching puberty. While on the size of a nafkah being mandatory was given to the wife on the basis of the ability of each. As for the details i.e. If the husband is able to then a living person that is mandatory is issued every day is 2 mud, medium 1 ½ mud, and if the husband the hard mud is 1. A living was mandatory given to my wife's not nusuz for my husband's and independent.
d. MadzhabHambali
According to Hambali, husband is obligated to pay or satisfy a nafkahof his wife if the first wife was already mature and have been dikumpuli by the husband, both, wife (women) give themselves completely to her husband. In order to make the obligatory are met by the husband include food, clothing, and right living. Give this food must, each day that started since the publication of the Sun. While on a nafkahthat way clothes were adapted to the condition of the economy of the husband. When the wife is wearing clothes that rough then required for the husband to give a rough cloth for the residence obligation also customized according to the condition of the husband.
II.12. Rights and Obligations of Husband and Wife according to the Legislation
Discussion about the rights and obligations, the husband and wife according to the legislation provided for in Act No. 1 of 1974 about marriage and compilation of Muslim law. In the UUP No. 1 of 1974 provided for in CHAPTER VI of article 30 to article 34, while in KHI
provided for in CHAPTER XII, article 77 to article 84.
1. Rights and Obligations of the Husband according to the Marriage Law No. 1 in 1974
Discussion of the rights and obligations of husband and wife are laid out in CHAPTER VI of article 30 to article 34.
Article 30 reads "husband and wife assume the obligation to uphold the noble household become joints the foundation of the order of the community."
Article 31 of UU No. 1 of 1974 about the marriage stating:
1. the rights and position of the wife is balanced with the rights and position of the husband in the life of the household and the guidelines for living together in society.
2. each party reserves the right to conduct legal actions
3. the husband is the head of the family and the wife of housewife.
Furthermore, article 32 of the UU of marriage asserts
1. the husband and wife shall have a fixed place of residence
2. Home residence referred to in subsection (1) of this article are determined by the husband and wife together.
In article 33 of the UU of marriage asserts, "the husband and wife is obliged to mutual love, respect, loyalty and give assistance to one inner born."
Article 34 of the of UU marriage mentioned:
1. the husband is obligated to protect his wife and give everything needs preclude life according to his ability.
2. the wife is obliged to manage the Affairs of the household as well as possible
3. If the husband or wife for neglecting their obligations each may file a lawsuit to the Court religion.
2. Rights and Obligations of husband and wife according to KHI (a compilation of the laws of Islam)
Part One
General
Article 77
(1) a husband and wife bear the obligation to uphold the noble household sakinah, mawaddah and-the basic and the joint community arrangement
(2) the husband of the wife is obliged to mutual love , respect, loyalty and assistance was born internal one to the other;
(3) a husband a wife bear the obligation to deliver and nurture their children, both about the growth of the physical, spiritual and religious education and his wit;
(4) the husband of the wife is obliged to maintain his honour;
(5) if the husband or the wife of shirking its obligations each can file a lawsuit to Court
Article 78
(1) the husband of the wife should have a fixed place of residence.
(2) Houses the residence of the referred to in subsection (1), determined by the husband and wife together.
The Second Part
The Position Of The Husband And Wife
Article 79
(1) the husband is the head of the family and the wife of the housewife.
(2) the rights and position of the wife is balanced with the rights and position of the husband in life household and relationship live together in society.
(3) each Party shall have the right to do the deeds of the law.
a. Obligations of the husband
Article 80 compile Islamic law governing the obligation of the husband towards his wife and family. This article consists of 7 verses, as follows:
1. the husband is the supervisor of the wife and the bylaws,
but about things important household affairs-matters decided by the husband and wife together.
2. the husband is obligated to protect his wife and give everything
preclude life purposes in accordance with his abilities
3. the husband is obliged to give religious education to his wife and
provide an opportunity to learn useful knowledge anduseful for religion, homeland and nation.
4. In accordance with their income husband bear:
(a) a living, the kiswah, and residence for the wife
(b) costs of households, the cost of care and medical expenses for his wife and children
(c) the cost of education
5. the obligation of the husband to his wife as in paragraph (4)the letters a and b above applies when there is a perfect of tamkin his wife.
6. the wife can free her husband from her duties to theas mentioned in subsection (4) the letters a and b.
7. the obligation of the husband referred to paragraph (5) fall if wife nusyuz.
About the obligations of the husband to provide a place of residence, a compilation set it in article 81 as follows:
1. the husband is obliged to provide a residence for his wife and sons his son or former wife still in iddah
2. place of residence is the residence for the wifeduring the marriage bond, or in the iddah of talak or iddah of died.
3. place of residence is provided to protect his wife and sons his son from the other, so they feel safe and nothing, the residence also serves as a place. Save your treasures, as a place to organize and manage household tools.
4. the husband is obligated to complete the residence in accordance with the
a. ability as well as customized with State of the environment his home, either in the form of household equipment and tools other ancillary facilities.
CHAPTER III
CLOSING
III.1. Conclussion
The obligations of Husband arefollowing:
1. Husband is a leader in the household, and he will be held accountable for his leadership it before God Almighty, Allah SWT feirman which means: They will be asked about what everKalia. (Surat an-Nahl: 93)
2. The responsibilities of the husband in Islam has a wide scope, encompassing responsibility for their own religion, himself, his wife, children, family, wealth, knowledge, and his work,. It was based on the word of the Prophet which says: it is not a servant stepped on the Day of Resurrection, but he will be asked about four things: about his age, where he spent, about his youth, where he uses, on property, from which he got and where he spent, and about science, where he uses. (Narrated by Tirmidhi)
3. Husband should seek to achieve balance between duty and responsibility, that responsibility should not make another job abandoned. As testament to the Prophet: To your Lord you have the right, to your family you have rights, and against yourself, you also have rights. So give the right of each according to its portion, (HR. Ahmad)
4. A husband also has the obligation and responsibility to his wife, such as helped implement the teachings of religion, intercoursing her well, to feed, guard of honor, comfort her and help her in domestic affairs if necessary. As word of Allah which means: Most of the signs of his power, he created for you mate of your kind, for you have fun with it, and make the love of you saying. (SuratAr-Rum: 21)
5. Obligations and responsibilities as parents to their children, such as providing Islamic education, keeping practice of worship, provide moral education, to feed and educate, provide training on family affairs and life, reduce talent and teach preaching at street gods. As testament to the Prophet Muhammad: educating children for the husband is better than charity single bushel. (Reported by Tirmidhi)
BIBLIOGRAPHY
1. Al Qur’an Al Kariim
2. H.Abdurrahman, KompilasiHukum Islam di Indonesia, AkademikaPresindo, Jakarta, 1995
3. http://id.wikipedia.org/wiki/Suami
4. http://kamusbahasaindonesia.org/suami
5. Imam Qodzi Abu walid,2002. BidayatulMujtahid, Juz 3, Dar Al-Fikr
6. Muhammad Ya’QubThalib, 2007.Nafkah Istri, Darussunah
7. Suparyanto, KonsepSuami,http://dr-suparyanto.blogspot.com/2011/05/konsep-suami.html
8. Syahatah,Husain.2005. TanggungJawabSuamidalamRumahTangga. SinarGrafikaOffset:Jakarta
9. Syaikh Al-allamah Muhammad, Fiqh 4 madzab , Hasyimi press, Bandung,2001
10. Undang-UndangPerkawinan di Indonesia, Arkola, Surabaya
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