The Right to Receive Family Maintenance (Nafaqah) from Online Gambling Proceeds: A Kaidah Fiqhiyah Perspective

Abstract

Islam prohibits gambling, whether conducted directly or online. Consequently, income derived from gambling is also considered haram. For this reason, a husband, as the primary breadwinner, is required to avoid gambling activities. However, if a husband is unable to refrain from such acts, providing gambling proceeds to his wife may still be considered permissible, as the wife has the right to receive nafaqah resulting from online gambling activities. This study aims to analyze the wife’s right to receive nafaqah from online gambling proceeds earned by her husband from the perspective of kaidah fiqhiyah. This research employs normative legal research using a kaidah fiqhiyah approach as the analytical framework. The findings of this study indicate that there are two forms of a wife’s right to receive nafaqah from online gambling proceeds. First, the right to refuse such nafaqah if her primary needs can be fulfilled from other lawful sources. Second, the right to receive nafaqah when no other source of income is available, in accordance with the kaidah fiqhiyah stating that “emergency conditions permit what is prohibited.” Nevertheless, this permissibility is limited by another kaidah fiqhiyah which states that “what is permitted due to emergency must be limited to the extent of that emergency.” The implication of this study is to provide an understanding for wives and children, as recipients of nafaqah, regarding nafaqah provided by husbands derived from online gambling proceeds.