Article Per Year (5 Year)
p-Index From 2019 - 2024
0.444
P-Index
This Author published in this journals
All Journal Asketik: Jurnal Agama dan Perubahan Sosial Al-Hukama: The Indonesian Journal of Islamic Family Law
Haider, Aftab
Unknown Affiliation
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search
Journal : Al-Hukama: The Indonesian Journal of Islamic Family Law

 1 
Challenges in Upholding Women’s Post-Divorce Rights: Experiences From Legal Practitioners in the Mataraman Region, East Java Saputra, Wahyu; Ali Murtadlo, Muhammad; Haider, Aftab
AL-HUKAMA: The Indonesian Journal of Islamic Family Law Vol. 14 No. 1 (2024): June (In Progress)
Publisher : Prodi Hukum Keluarga Islam Fakultas Syariah Dan Hukum Uin Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2024.14.1.46-73

Abstract

This article examines the fulfillment of womens' post-divorce rights initiated by the wife in the Religious Courts of the Mataraman Region, East Java. Applying the legal system and feminist legal theory, this article combines a normative juridical approach with case studies. The findings identify inconsistencies between the legal substance and its implementation in Mataraman Region, which affect the fulfillment of wives' rights after divorce. Law enforcement officers face challenges in enforcing these rules due to patriarchal culture and a lack of gender awareness. The legal culture within society also influences the process of fulfilling wives' rights, particularly concerning the impact of patriarchal culture and gender stereotypes. Utilizing feminist legal theory, gender bias in the application of the law often disadvantages women, indicating the urgent need for fundamental changes to achieve gender justice. Therefore, revising and harmonizing legal regulations in a more specific and detailed manner through implementing rules issued by the Supreme Court and enhancing gender awareness among law enforcement officers and the community is crucial to ensure the fair and equitable fulfillment of wives' rights post-divorce.
Co-Authors Ali Murtadlo, Muhammad Ali, Ashraf Muhammad Zubair Wahyu Saputra