THE INSTITUTION OF MARITAL MAINTENANCE (NAFAQAH) IN AL-MARGHINANI'S "AL-HIDAYAH" AS A BASIS FOR WOMEN'S ECONOMIC AGENCY IN ISLAMIC FAMILY LAW
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The article provides a historical and legal analysis of the institution of marital maintenance (nafaqah) based on the fundamental work of Burhanuddin al-Marghinani, “Al-Hidayah”. The study aims to reinterpret the classic norms of Hanafi fiqh within the context of contemporary debates on women’s rights protection and the prevention of economic abuse within the family. The author argues that in al-Marghinani’s doctrine, the husband's maintenance obligations during marriage are treated not as charity, but as an unconditional legal duty arising in exchange for marital status. Special attention is paid to the principle of separation of property, where full financial provision by the husband allows the wife to accumulate personal capital and act as an independent economic agent.



