Al-Hukama: The Indonesian Journal of Islamic Family Law
Vol. 14 No. 1 (2024): June (In Progress)

Challenges in Upholding Women’s Post-Divorce Rights: Experiences From Legal Practitioners in the Mataraman Region, East Java

Saputra, Wahyu (Unknown)
Ali Murtadlo, Muhammad (Unknown)
Haider, Aftab (Unknown)



Article Info

Publish Date
11 Jun 2024

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.

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Journal Info

Abbrev

alhukuma

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Al-Hukama serves academic discussions of any Indonesian Islamic family law issues from various perspectives, such as gender, history, sociology, anthropology, ethnography, psychology, philosophy, human rights, disability and minorities, digital discourse, and others. It intends to contribute to the ...