Islam is a religion that provides comprehensive protection for women, one aspect of which is the obligation

of wives’ maintenance. Wives’ maintenance is a mandatory duty of the husband and a recognised right of the

This study adopts a qualitative approach through conceptual analysis and library-based research to reassess the

that the provision of wives’ maintenance constitutes a key mechanism for achieving gender justice in Islam.

The discourse on gender justice in Islam has gained increasing prominence within contemporary social and

economic contexts, particularly as shifts in family structures, employment patterns, and rising living costs

demand a reassessment of roles and responsibilities within the marital institution. Within the framework of

protection, and well-being for women as rightful recipients of material support from their husbands (Rufaida &

challenges, and societal perceptions that regard maintenance as a routine practice or a technical requirement have

left many women in vulnerable positions—particularly when facing marital conflict, divorce proceedings, or the

post-marital period. The gap between the ideal principles articulated in Islamic legal sources and their practical

application raises critical questions about the effectiveness of maintenance as a mechanism for gender justice.

challenges of its implementation within the context of Malaysian family law.

In this study adopts a qualitative approach centred on conceptual and documentary analysis. Through this

and to identify the challenges encountered in the enforcement and protection of wives’ rights.

The qualitative approach enables a comprehensive and in-depth explanation of the issue of wives’ maintenance

from both theoretical and applied perspectives, thereby supporting the formulation of recommendations that are

more precise and responsive to contemporary needs.

Conventional interpretations of maintenance in Islamic family law remain constrained within a narrow reading

of the male leadership paradigm, resulting in serious implications for efforts to advance gender justice. A concept

originally intended to articulate a man’s responsibility to protect and provide for his household has undergone

significant distortion, to the point that it is frequently invoked to legitimise patriarchal dominance. Consequently,

maintenance is no longer viewed as an inherent legal right guaranteed to women, but is often treated as an act of

transformed maintenance claims into a lengthy bureaucratic process that burdens women emotionally and

financially. The recurring issue of maintenance arrears reveals a substantial gap between statutory provisions

demands comprehensive reform.

within the household. Domestic work, childcare, and emotional labour constitute essential forms of contribution

to family stability, yet they remain economically invisible in maintenance assessments. The absence of

an epistemological weakness in understanding family justice holistically. Meaningful gender justice requires the

explicit incorporation of domestic labour into maintenance considerations.

The practical significance of this entire debate cannot be understated. The limitations of traditional

interpretations still tethered to rigid models of male leadership have produced an ecosystem of prolonged

injustice affecting Muslim women. Evidence from legal cases, women’s advocacy reports, and lived experiences

demonstrates that the failure to conceptualise maintenance as an economic right grounded in justice has

generated far-reaching social consequences. Highly educated women who work diligently and contribute to

household income can still fall into financial crisis immediately after divorce. This phenomenon does not reflect

personal shortcomings; rather, it is the result of fiqh structures and family law systems that continue to operate

on anthropological assumptions from the second Islamic century assumptions that no longer correspond to

contemporary realities. This is a systemic social tragedy, not an isolated coincidence.

More profoundly, excessive emphasis on authority within the concept of household leadership has obscured

at the heart of the maqasid framework.

Current fiqh and family law systems also continue to rest on the assumption that men are consistently capable,

stable, and willing to fulfil the duty of provision. Such an assumption is increasingly detached from the

complexities of modern society, where women now frequently serve as joint or even primary providers. The

mismatch between fiqh doctrine and contemporary social structures raises profound epistemological questions:

to what extent does dominant fiqh today reflect a normative reading untested against lived realities? If fiqh fails

Or does the moment demand a more thorough reformulation through a broader, justice-based reinterpretation of

Islamic principles?

As Hasan et al. (2014) indicate, the data and experiences of Muslim women particularly in divorce cases show

labour reveal a profound academic and normative blind spot. Unpaid labour has long been the backbone of

family and societal functioning, yet traditional maintenance frameworks continue to treat it reductively, as

though its value were non-existent. This produces a subtle yet deeply entrenched form of injustice: women carry

the moral and social responsibility of sustaining the household, yet their contributions remain unrecognised in

the economic mechanisms intended to protect them. This shortcoming is not only unjust but economically

irrational.

Therefore, reforming the concept of maintenance and the Islamic family law system can no longer be regarded

social protection, and economic well-being. Maintenance must be redefined as a right that cannot be violated,

gender-justice gap within Muslim societies will continue to widen, and maintenance will remain a doctrinal ideal

that fails to safeguard women in real life.

maintenance as an indicator of gender justice. This conceptual review clearly demonstrates that the dominant

framework of Islamic family fiqh particularly one closely tied to the notion of male leadership has contributed

to a significant justice gap. This failure is not merely the result of traditional interpretations that have lost

contemporary relevance, but reflects a systemic inability to adapt doctrine to shifting social and economic

structures. Women today participate actively in economic sectors and social leadership; yet upon divorce, many

maintenance. To continue placing hope in an illusion of justice that has never materialised for many women is

an academic and moral negligence that can no longer be sustained.

of family stability. Without such comprehensive recognition, Islamic family law risks becoming a rigid,

unresponsive legal structure that fails to embody the justice values at the heart of the Islamic tradition. These

The present analysis reaffirms that achieving genuine gender justice in Islamic family fiqh cannot be realised

through superficial or cosmetic adjustments. It requires a paradigmatic shift that synthesises tradition with

contemporary realities, interrogates foundational assumptions within fiqh, and boldly restructures legal

mechanisms to ensure effective protection for women. Future research should prioritise empirical analysis of

progressive maintenance-law reforms in other Muslim jurisdictions—such as Indonesia and Tunisia including