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All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum Quru’: Journal of Family Law and Culture
Inna Fauziatal Ngazizah
Universitas Islam Negeri Sunan Kudus
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Problematics of the Execution of Religious Court Decisions Inna Fauziatal Ngazizah; Abdurrohman Kasdi; Kudrat Abdilah; Najichah Najichah; Norhasnira Ibrahim
Fiat Justisia: Jurnal Ilmu Hukum Vol. 19 No. 3 (2025)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v19no3.4172

Abstract

This article examines the problem of authority in the execution of Religious Court decisions in Indonesia and its impact on the effectiveness of Islamic law. Although Religious Courts are authorized to adjudicate family and sharia economic cases, enforcement still relies on District Courts, creating dissonance between legal norms and practice. Using a juridical-sociological qualitative approach with literature studies and interviews with two judges, one clerk, and two execution applicants, the study identifies three root problems: the absence of direct execution authority, weak cross-agency coordination, and the lack of standard operational procedures. These weaknesses disproportionately affect women and children, leaving many rulings unenforced. The article recommends regulatory reform and institutional strengthening of Religious Courts, drawing comparative insights from Malaysia and Pakistan, where religious courts have clearer enforcement mechanisms.
Feminist Perspectives on the Dominance of Lawsuit Divorce in the Religious Court of Jepara Inna Fauziatal Ngazizah; Wahyu Kholid Hidayatullah
QURU’: Journal of Family Law and Culture Vol. 4 No. 2 (2026): QURU’: Journal of Family Law and Culture
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v4i2.592

Abstract

Divorce is a growing social phenomenon in Indonesia, particularly within the jurisdiction of Religious Courts. This study examines the dominance of lawsuit divorce (cerai gugat) cases in the Religious Court of Jepara during 2021–2022 from a feminist perspective. Although divorce is legally permissible in Islamic law, it remains socially undesirable due to its implications for family integrity and social stability. This research employs a socio-legal approach, combining normative legal analysis with empirical data derived from interviews, observation, and documentation. The findings indicate that lawsuit divorce significantly outnumbers talaq divorce due to economic hardship, domestic violence, abandonment, and irresponsible spousal behavior. From a feminist standpoint, the increasing number of lawsuit divorce cases reflects both women’s agency in seeking justice and the persistence of structural gender inequality within marriage. This study contributes to the discourse on Islamic family law and gender justice by highlighting the intersection between legal frameworks and women's lived experiences.
Co-Authors Abdurrohman Kasdi Kudrat Abdilah Najichah Najichah Norhasnira Ibrahim Wahyu Kholid Hidayatullah