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All Journal Nurani: Jurnal Kajian Syariah dan Masyarakat
Jumanah Jumanah
Universitas Islam Negeri Raden Fatah Palembang, Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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Revisiting Nafaqah Iddah for Women in Court Decisions: Evidence from Muslim-Majority Legal Systems Nurlaila Harun; Nasruddin Yusuf; Jumanah Jumanah; Susi Fitria Dewi; Meysella Al Firdha Hanim; Muhammad Ikhsan Magribi
Nurani Vol 26 No 1 (2026): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v26i1.33600

Abstract

This study investigates the neglect of iddah maintenance rights for women following divorce judgments. This phenomenon has received limited scholarly attention and is often overlooked in previous research. In addition to addressing these gaps, the present study explains the characteristics and consequences of the denial of iddah maintenance rights experienced by women after divorce rulings. Employing a normative qualitative descriptive approach within a case-study framework, this research identifies three key findings. First, the determination of iddah maintenance standards tends to be disproportionate and in many cases disadvantages women. Second, a considerable number of former husbands fail to fulfill their post-divorce iddah maintenance obligations. Third, the absence of a sustained monitoring mechanism contributes to the weak enforcement of legal provisions concerning iddah maintenance rights after divorce. Collectively, these findings demonstrate that women’s iddah maintenance rights remain insufficiently protected in substance, despite their formal recognition in Islamic law and statutory regulations. The significance of this study lies in its contribution to enriching scholarly discourse and advancing Islamic legal studies that are more responsive to the protection of women's rights in post-divorce contexts, which are often marginalized.
Co-Authors Dewi, Susi Fitria Meysella Al Firdha Hanim Muhammad Ikhsan Magribi Nasruddin Yusuf Nurlaila Harun