Kewajiban Nafkah Anak Setelah Kematian Ayah: Telaah Fikih Mazhab dan Hukum Keluarga Islam di Indonesia

Abstract

A father’s death raises the issue of who is subsequently responsible for meeting a child’s needs. The surviving mother, while acting as the caregiver, is not necessarily the party legally obligated to provide financial support (nafaqah). This study aims to analyze the obligation of child support following a father's death from the perspective of the four major schools of Islamic jurisprudence (madhhabs) and its relevance to Indonesian Islamic Family Law. This normative legal research employs comparative jurisprudential, statutory, and conceptual approaches. Legal materials were analyzed using a descriptive-comparative method, examining the roles of the mother, the paternal grandfather, and other relatives in fulfilling child support obligations. The findings indicate that the schools of jurisprudence do not offer a uniform framework regarding the party liable for support after a father's death. Some schools allow for the paternal grandfather or specific relatives to assume this obligation based on lineage ties and financial capacity. A distinction must be made between the mother's role in caregiving and the obligation to provide financial support. Under Indonesian family law, parental responsibility toward the child remains intact even after the death of one parent. The involvement of relatives is permissible when parents are unable to fulfill their obligations. The obligation of support following a father's death is best understood as a redistribution of responsibility that takes into account lineage ties, financial capacity, needs, and the best interests of the child.