Imprisonment As a Penalty for Non-Compliance with Alimony Orders: From the Perspective of Maslahah and Mafsadah

Abstract

Abstract
Maintenance (nafkah) is an obligation that must be fulfilled; failure to provide maintenance may result in several legal consequences, including the possibility of imprisonment. However, the issue of non-payment of maintenance remains a persistent challenge within the Syariah legal system in Malaysia. According to data from the Department of Syariah Judiciary Malaysia (JKSM), a total of 4,715 cases of maintenance order violations were recorded in the Syariah Courts of Malaysia between 2021 and 2024. This article discusses imprisonment as a last resort for non-compliance with alimony orders from the perspective of maslahah (benefit) and mafsadah (harm) in Shariah law. This study adopts a qualitative approach through document analysis and literature review methods. The findings show that there are several positive impacts of imprisonment, including bringing awareness, fearfulness, bringing repentance, and protecting the rights of the oppressed. In addition, the study found negative consequences of imprisonment, including social stigma, emotional distress, and the adverse impact on families and individuals incarcerated. Through the lens of maslahah and mafsadah, the article evaluates the appropriateness of imprisonment for those who fail to comply with alimony orders, depending on the financial situation and ability of the individuals involved, with an emphasis on balancing the preservation of rights for the oppressed and avoiding greater harm.