Jurisprudential Strategies for Securing Women's Economic Security in the Family

Economic security is a fundamental pillar of both individual and social life, playing a crucial role in psychological stability, social cohesion, and the flourishing of human potential. Economic security refers to freedom from fear, anxiety, and uncertainty about financial and economic prospects. Given its importance at both macro and micro levels, securing economic stability should be prioritized by legal, social, and religious systems. A key aspect of this is the economic security of women within the family—a topic that requires careful attention and scholarly analysis. In recent years, this issue has come under increasing scrutiny and controversy, particularly from Western and Western-oriented perspectives, which assert that women in Islamic families lack adequate economic protection. These claims have caused confusion and concern, especially among Muslim women. In response, it is essential to articulate Islam’s position on women’s economic security within the family through a rigorous jurisprudential lens. Islamic jurisprudence, as a comprehensive and practical legal system governing human life from cradle to grave, offers clear and effective solutions to ensure women’s financial rights and stability. These solutions not only safeguard women’s entitlements but also affirm their roles within the family and society. Key jurisprudential mechanisms for securing women’s economic security within the family include the following:
- Dowry (Mahr): A financial right granted to the woman upon marriage, serving both as a symbol of respect and as a financial safeguard in times of crisis, such as divorce or widowhood.
- Maintenance (Nafaqah): The husband’s obligation to cover the wife’s living expenses—including food, clothing, housing, and other customary needs—regardless of her financial status.
- Financial Independence: Islam recognizes a woman’s full ownership of any income or property she acquires through work, trade, inheritance, gifts, or other lawful means, without interference from her husband.
- Inheritance Rights: Women inherit from their relatives—including spouses, parents, and children—according to Islamic principles. Although their share may differ from that of men, this is justified by the differing financial responsibilities assigned by Islamic law.
- Compensation (Diyyah): In cases of physical harm or death, women are entitled to financial compensation either from the perpetrator or the public treasury, affirming their legal and economic personhood.
Remuneration for Domestic Work and Childcare: Women may claim wages for household duties and child-rearing, provided these tasks were not performed voluntarily. This right becomes especially relevant in cases of marital dispute or separation.