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All Journal Jurnal Ilmiah Al-Syir'ah Al-Mujtahid: Journal of Islamic Family Law
Naskur Bilalu
Institut Agama Islam Negeri Manado
Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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The Authority of Ex Officio Judges in Protecting Women's and Children's Rights Post-Divorce at the Manado Religious Court Salma Salma; Syahrul Mubarak Subeitan; Naskur Bilalu; Asril Amirul Zakariah; Adamu Abubakar Muhammad
Jurnal Ilmiah Al-Syir'ah Vol 23, No 1 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i1.3318

Abstract

This study examines how judges' ex officio authority is applied to secure the rights of ex-wives and children following a divorce at the Manado Religious Court and the challenges judges face in exercising this authority. It focuses on fulfilling iddah alimony, mut'ah, and child support by the ex-husband and applying ex officio authority in divorce cases. Using an empirical legal approach, the research collects data through in-depth interviews, observations, and documentation. Primary data was gathered from interviews with Manado Religious Court judges and relevant parties, while secondary data was sourced from legal literature and regulations. The findings show that, although legal provisions exist to protect the rights of ex-wives and children, their implementation is hindered by social and economic factors, as well as difficulties in enforcing court decisions. Furthermore, ex officio authority is not always consistently applied, with some judges rarely using it or relying solely on trial evidence. Key challenges include claims of financial incapacity by the ex-husband and lengthy, costly execution processes, undermining the effectiveness of fulfilling these rights. The study also reveals the lack of clarity regarding criminal sanctions for ex-husbands neglecting their alimony obligations.
The Limits of Social Harmony in Protecting Islamic Family Rights in Tomohon and Tana Toraja Ridwan Jamal; Naskur Bilalu; Ahmad Ridha AR; Rahmawaty Rahmawaty; Nurlaila Harun
Al-Mujtahid: Journal of Islamic Family Law Vol 6, No 1 (2026)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v6i1.4551

Abstract

Communal harmony is often taken as evidence that Islamic family law successfully accommodates local custom in religiously diverse settings, yet acceptance does not show that spouses and heirs retain clear entitlements, meaningful consent, administrative recognition, and access to remedies. This article reanalyzes documented qualitative material on Muslim families in Tomohon, North Sulawesi, and Tana Toraja, South Sulawesi, generated between January and June 2022 from interviews, observation, and documentation with twenty purposively selected informants. Without claiming new fieldwork, the article reassesses three arenas recorded in the corpus: marriage payments and extended-family participation, kinship-based inheritance arrangements, and mediation by religious and customary authorities. The findings show that mahr in Tomohon carries symbolic and relational significance, while marriage-related transfers and inheritance practices in Tana Toraja emphasize inter-family ties, collective welfare, and consultation with local authorities; however, the evidence does not establish how property is controlled, how dissent is handled, or how remedies are accessed. Drawing on legal pluralism, Islamic family-law doctrine, and relational legal consciousness, it proposes a rights-accountable accommodation framework of material and religious entitlements, cultural recognition, administrative recognition, and procedural accountability. Social harmony contributes to family justice only when solidarity clarifies rights, preserves informed consent, and remains connected to accessible remedies.
Co-Authors Adamu Abubakar Muhammad Ahmad Ridha AR Asril Amirul Zakariah Nurlaila Harun Rahmawaty Rahmawaty Ridwan Jamal Salma Salma Syahrul Mubarak Subeitan Wira Purwadi