Peran Istri sebagai Pencari Nafkah Utama Perspektif Mubadalah dan Undang-Undang No. 1 tahun 1974

Abstract

Nafkah is an obligation that is born as a result of a legal marriage relationship. This obligation is carried out by a man to his wife and family. However, what if it is done by women seeing that in today's modern era the changing perspective of society on the role and position of women in society, the number of women who have careers, modern life that does not limit the movement of women, including wives who earn a living. The existence of this phenomenon requires a more in-depth study of the relationship between husband and wife, which in fact must be irritated. The problems that become the focus of the research in accordance with this background are: 1. What is the role of the wife as the main breadwinner in Mubadalah's perspective; 2. What is the role of the wife as the main breadwinner in the perspective of Law no. 1 of 1974 concerning Marriage. This research uses a normative juridical approach and a reciprocal interpretation method (mafhum mubadalah). This type of research uses a research library whose data can be obtained from books or variables in accordance with related writing. The conclusion of this study is from two perspectives. According to the concept of mubadalah, the position between man and woman or husband and wife is mubadalah (annoyance). As for according to Law no. 1 of 1974 that the rights and positions of husband and wife are balanced. So, it doesn't matter if the wife acts as the breadwinner. However, this cannot be separated from several provisions when the wife decides to become the breadwinner in the family. Namely, he still does not leave his domestic role and there is an agreement between him and his husband.