Reconstructing Wifely Obligations under Article 83 of the Indonesian Compilation of Islamic Law

A Maqāṣid al-Sharīʿah Perspective on Dual-Earner Families

Abstract

The emergence of dual-earner families represents a growing social trend in Indonesia. The convergence of social transformation, higher educational attainment among women, and contemporary economic demands have driven women to participate actively in the public and professional sectors. This transformation has reshaped marital relationships, moving beyond the confines of traditional role segregation. Nevertheless, Article 83 of the Compilation of Islamic Law (KHI) still designates the wife as primarily responsible for managing and regulating household affairs as a manifestation of obedience to her husband. In practice, this provision often creates a disparity between legal norms and the social realities of dual-earner families where wives simultaneously manage domestic obligations and contribute to the family's economic sustenance. Consequently, many women endure a double burden, a phenomenon that risks undermining marital harmony and stands in opposition to the principles of familial justice. This study analyzes the evolving marital dynamics in dual-earner families, critically examines the construction of Article 83 of the KHI within this context, and proposes a reconstruction of the wife’s obligations through the lens of Maqashid Syari’ah. This study employs a normative approach, synthesizing insights from the Qur’an, Hadith, and the Compilation of Islamic Law (KHI), alongside classical and contemporary jurisprudence, to critically evaluate the subject matter through relevant academic discourse. Data were analyzed through descriptive analytical methods within the framework of Maqashid Syari’ah to assess the alignment of legal norms with the objectives of Islamic law. The findings demonstrate that the dual-earner phenomenon has transformed marital dynamics into a model of egalitarian partnership and mutual cooperation. Within this context, a textual interpretation of Article 83 of the KHI is increasingly unresponsive to modern social developments as it remains rooted in traditional domestic role distribution. From the perspective of Maqashid Syari’ah, the overarching objective of Islamic law is to promote maslahah (public interest), encompassing justice, equilibrium, and the safeguarding of familial well-being. Consequently, domestic responsibilities should not be unilaterally relegated to the wife, particularly when she concurrently fulfills significant economic roles within the family structure. The novelty of this study lies in its proposal of a concrete reformulation of Article 83 of the KHI that repositions domestic responsibility as a shared marital obligation rather than a unilateral duty of the wife, an approach that has not been explicitly articulated in prior maqashid-based studies on wives' economic obligations. This reformulation offers theoretical implications for the development of Indonesian Islamic family law and practical implications for judges, legislators, and religious counselors in addressing disputes arising from the double burden faced by wives in dual-earner families.