Nafkah Sebagai Alasan Gugat Cerai (Studi Komparatif Imam Syafi’i dan Imam Abu Hanifah)

Abstract

This study aims to analyze the differences in the legal reasoning (istinbāṭ) of these two imams and to determine which opinion is closer to the truth. The research method employs a descriptive-analytical approach through literature review and analysis of Quranic texts. The findings reveal that Imam Shafi’i emphasizes the protection of the wife, while Imam Abu Hanifah prioritizes efforts to preserve the integrity of the household. Based on the discussion, Imam Shafi’i's opinion is more relevant in certain contexts, as it considers the welfare of the wife as a primary concern. In conclusion, divorce due to a husband failing to provide for his wife is permissible according to Imam Shafi’i if it serves as the best solution to avoid greater harm (maḍarat).