THE INSTITUTION OF MARITAL MAINTENANCE (NAFAQAH) IN AL-MARGHINANI’S “AL-HIDAYAH” AS A BASIS FOR WOMEN’S ECONOMIC AGENCY IN ISLAMIC FAMILY LAW

Rashidova Shaxzoda Raimovna

Authors

Rashidova Shaxzoda Raimovna PhD, Acting Associate Professor at the Department of Social Sciences and Law, International Islamic Academy of Uzbekistan; Independent Researcher at the Institute of State and Law, Academy of Sciences of the Republic of Uzbekistan.

Keywords:

Burhanuddin al-Marghinani, Al-Hidayah, Islamic family law, Nafaqah (maintenance), women’s rights, economic agency, separation of property, family law of Uzbekistan.

Abstract

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.

References

Al-Marghinani, B. Al-Hidayah Sharh Bidayat al-Mubtadi (with commentaries by Imam Abdul-Hayy al-Laknavi): in 7 vols. / Burhanuddin al-Marghinani. — Maktaba Shirkat al-Ilmiyah. — URL: https://archive.org/details/fiqh_hanafi_hidaya_laknavi (Accessed: 22.01.2026). — Text in Arabic.

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