Financial support
Spousal & Child Support

Financial support (nafkah) refers to the financial necessities that a husband is required to provide for his wife and children according to his financial means. Such support is also a legal right of the wife and may be claimed through the Religious Court if the husband fails to fulfill his obligations.

One of a husband's obligations toward his wife is to provide financial support, as stipulated under Article 34 paragraph (1) of Law No. 1 of 1974 concerning Marriage:

“A husband is required to protect his wife and provide for all necessities of household life according to his means.”

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Husband's Financial Obligations

The husband's obligation to provide for his wife is further regulated under Article 80 paragraph (4) of the Compilation of Islamic Law (KHI). Based on his income, the husband is responsible for:

a. Financial support (nafkah), clothing (kiswah), and accommodation for his wife;
b. Household expenses, healthcare and medical expenses for his wife and children;
c. Educational expenses for the children.

Requirements for a Wife to Receive Nafkah

According to Ibn Rushd al-Hafid, as discussed in his work Bidayat al-Mujtahid wa Nihayat al-Muqtashid, a wife may be entitled to financial support where the following conditions are met:

  1. A valid marriage contract has been entered into between the wife and the husband who is responsible for providing support.

  2. The wife is willing to make herself available to her husband, even if marital relations have not yet taken place.

  3. The wife is willing to relocate with her husband if requested to do so.

  4. The wife is an adult and legally capable of entering into marital relations.

  5. The wife is obedient and compliant with her husband.

Although financial support is a right of the wife, such entitlement may cease or be lost in certain circumstances, including:

  1. The wife refuses or acts against her husband's wishes without a valid justification under Islamic law (syara).

  2. The marital relationship between the wife and husband has ended through divorce.

Types of Nafkah

Financial support (nafkah) may generally be divided into two categories:

  1. Support for oneself

  2. Support for others

Support for others may further include:

  1. Self-support – financial support for one's own needs, which is considered the primary form of support.

  2. Spousal support – financial support arising from the marital relationship.

  3. Support for relatives – financial support provided to family members or relatives.

  4. Support for property or possessions – expenses arising from ownership, such as the costs of caring for animals or pets.

Child Support

In addition to the obligation to provide financial support to a wife, parents also have an obligation to provide for their children. Failing to fulfill this responsibility may constitute a failure to carry out one's obligations as a parent.

Child support generally includes the provision of:

  • Clothing

  • Food

  • Housing

These obligations are also expressly addressed in the Qur'an.

Although the father has the primary obligation to provide financial support for the child, the mother may also play an important role in meeting the child's needs.

The mother's role may include providing food, clothing, and other necessities, particularly when the family's financial circumstances decline and the husband's ability to provide support is reduced. In such circumstances, the mother may contribute to fulfilling the family's financial needs.

Legal Basis

  1. Law No. 1 of 1974 concerning Marriage, as amended by Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage;

  2. Presidential Instruction No. 1 of 1991 concerning the Dissemination of the Compilation of Islamic Law (Kompilasi Hukum Islam / KHI).

Family Law Legal Consultants

Navigating an international marriage in Indonesia can involve multiple legal, administrative, immigration, and documentation requirements. Our family law team provides legal consultation and assistance to help clients understand the applicable requirements and complete the necessary procedures.

Contact our legal team via WhatsApp to discuss your international marriage requirements.

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