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All Journal Jurnal El-Thawalib Jurnal El-Thawalib
Abdul Alim
Universitas Islam Negeri Imam Bonjol Padang
Religion Law, Crime, Criminology & Criminal Justice

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Reconstructing Post-Divorce Maintenance Enforcement in Indonesia: A Maslahah Mursalah-Based Comparative Study with Malaysia Fatimah Fatimah; Fetri Fatorina; Ahmad Andri; Nurul Norzeetty; Abdul Alim
Jurnal El-Thawalib Vol 7, No 5 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i5.21194

Abstract

This study examines the gap between court-awarded post-divorce maintenance, comprising iddah maintenance, mut’ah, and madhiyah maintenance for the ex-wife and child support, and its actual fulfillment after the judgment becomes final. Using normative legal research with statutory, comparative, and conceptual approaches, it analyzes Indonesian and Malaysian legislation and judicial regulations as primary legal materials, and books, journal articles, and institutional publications as secondary materials, collected through library research and evaluated qualitatively against maslahah indicators. The findings show that Indonesia has execution, seizure, and limited income-deduction mechanisms, but these remain reactive, depend on the entitled party’s initiative, and are poorly suited to periodic child support. Malaysia provides institutional support through the Family Support Division (BSK), earnings withholding orders, judgment debtor summonses, and advance maintenance, although their effectiveness depends on court processes and employer cooperation. Evaluated through rights protection, effectiveness, accessibility, proportionality, harm prevention, and conformity with sharia and national law, together with ḥifẓ al-māl, ḥifẓ al-nasl, and ḥifẓ al-nafs, the study proposes a staged model comprising post-judgment institutional support, income-based payment, compliance monitoring, a tiered response distinguishing inability to pay from willful evasion, and conditional interim assistance. It thereby shifts post-divorce maintenance from a right merely established by judicial decree to an obligation whose fulfillment is actively secured.
Reconstructing Post-Divorce Maintenance Enforcement in Indonesia: A Maslahah Mursalah-Based Comparative Study with Malaysia Fatimah Fatimah; Fetri Fatorina; Ahmad Andri; Nurul Norzeetty; Abdul Alim
Jurnal El-Thawalib Vol 7, No 5 (2026)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v7i5.21194

Abstract

This study examines the gap between court-awarded post-divorce maintenance, comprising iddah maintenance, mut’ah, and madhiyah maintenance for the ex-wife and child support, and its actual fulfillment after the judgment becomes final. Using normative legal research with statutory, comparative, and conceptual approaches, it analyzes Indonesian and Malaysian legislation and judicial regulations as primary legal materials, and books, journal articles, and institutional publications as secondary materials, collected through library research and evaluated qualitatively against maslahah indicators. The findings show that Indonesia has execution, seizure, and limited income-deduction mechanisms, but these remain reactive, depend on the entitled party’s initiative, and are poorly suited to periodic child support. Malaysia provides institutional support through the Family Support Division (BSK), earnings withholding orders, judgment debtor summonses, and advance maintenance, although their effectiveness depends on court processes and employer cooperation. Evaluated through rights protection, effectiveness, accessibility, proportionality, harm prevention, and conformity with sharia and national law, together with ḥifẓ al-māl, ḥifẓ al-nasl, and ḥifẓ al-nafs, the study proposes a staged model comprising post-judgment institutional support, income-based payment, compliance monitoring, a tiered response distinguishing inability to pay from willful evasion, and conditional interim assistance. It thereby shifts post-divorce maintenance from a right merely established by judicial decree to an obligation whose fulfillment is actively secured.
Co-Authors Ahmad Andri Fatimah Fatimah Fetri Fatorina Nurul Norzeetty