Basic Preconstruction Of Taʿlīl Alimony In Islamic Family Law: Maqāṣidī Readings On The Iḥtibās Paradigm And Maṣlaḥat Al-Usrah In Indonesia And Tunisia

Abstract

This article examines the reconstruction of the taʿlīl basis of wife's maintenance (nafkah) in contemporary Islamic family law, analyzing indications of a paradigm shift from iḥtibās (wife's confinement) toward maṣlaḥat al-usrah (family welfare) through a comparative study of Indonesia's Compilation of Islamic Law (KHI) and Tunisia's Code du Statut Personnel (CSP). Employing comparative-analytical methodology (muqāranah) with taʿlīlī reasoning through masālik al-ʿillah mechanisms — particularly taḥqīq al-manāṭ and takhrīj al-manāṭ — this study traces whether the 1993 amendment to CSP Article 23 contains a reconstruction of the taʿlīl paradigm that can be read as a shift from the iḥtibās framework toward principles of solidarity and family welfare. Mindful of uṣūlī debates on the distinction between ʿillat, ḥikmah, and maqṣad — wherein maṣlaḥat al-usrah is categorially closer to maqṣad tashrīʿī than to technical ʿillat qiyāsiyyah — this article argues that Tunisia's reform represents a reconstruction of the taʿlīl basis of nafkah with consequences for redefining its prerequisites and obligated parties. Maqāṣid analysis through Ibn ʿĀshūr and Jasser Auda demonstrates that this reconstruction better aligns with ḥifẓ al-nafs and ḥifẓ al-nasl in the context of contemporary social realities. Methodological implications for KHI reform in Indonesia are also formulated.