This article delves into the concept of nafkah in Malaysian families, emphasizing the financial responsibility of a husband towards his wife. It explores the recent viral case involving a woman seeking nafkah in court and highlights the differing perspectives on the extent of a husband's obligation. The article clarifies the legal aspects of nafkah in Malaysia and differentiates it from discretionary expenses.
Financial problems are a significant contributor to the breakdown of families in Malaysia . This issue arises because some couples fail to discuss their personal finances and responsibilities before marriage. Some may be oblivious to the husband's financial obligations towards his wife, such as providing for her needs. Recently, a Syariah lawyer named Azri explained that nafkah (financial provision) depends on the husband's ability rather than the wife's desires.
Through a post on his TikTok account (@azrieyyyyy), Azri addressed this issue after a woman sought a nafkah claim in the Syariah Court, arguing that the RM700 monthly allowance provided by her husband was insufficient. According to her, working independently and earning an unpredictable income, her husband's RM700 monthly allowance was only enough for basic necessities like food and clothing, while she had to use her own money for cosmetics and other accessories. Azri stated that in this situation, the husband had fulfilled his basic obligation of providing nafkah. He clarified that items like cosmetics and accessories are not obligatory for a husband to provide. Furthermore, Azri cautioned that the woman's action of seeking nafkah in court could potentially damage her relationship with her husband. He emphasized that Islamic scholars unanimously agree that providing nafkah to a wife is obligatory only to the extent of fulfilling her basic needs according to the husband's capability. A wife should not overburden her husband with demands beyond his means, except if the husband is wealthy and possesses ample resources to fulfill all her requests. According to Malaysia Bersuara, nafkah refers to the expenses incurred by an individual for their family members. In Islamic law, nafkah encompasses providing essential items like food, clothing, shelter, and other necessities.According to Sheikh Wahbah al-Zuhaili (al-Fiqh al-Islam wa Adillatuh), most Islamic scholars agree that there are seven types of obligatory nafkah to be provided to a wife. The obligation of providing nafkah by a husband to his wife is considered mandatory. If a husband fails to provide for his wife and children, it is considered a sin. Moreover, a husband remains obligated to provide nafkah to his working wife even if her income surpasses his. In Malaysia, legal nafkah for a wife encompasses food, clothing, housing, and medical expenses. However, pocket money is not considered part of nafkah.
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