Al-Syakhshiyyah : Jurnal Hukum Keluarga Islam dan Kemanusiaan
Vol. 7 No. 1 (2025): Volume 7, Nomor 1, Juni 2025

HAK-HAK PEREMPUAN PASCA PERCERAIAN: PERBANDINGAN HUKUM KELUARGA ISLAM DI INDONESIA DAN MESIR

Ahmad, Farouq Ali (Unknown)
Rahmawati, Rahmawati (Unknown)
Said, Zainal (Unknown)
Fikri, Fikri (Unknown)
Bakri, Muhiddin (Unknown)
Basri, Rusdaya (Unknown)



Article Info

Publish Date
15 Jun 2025

Abstract

This research discusses women's rights after divorce by comparing Islamic family law in Indonesia and Egypt. The main focus of this research is to answer three questions: 1) how are women's rights post-divorce regulated in Indonesia, 2) how are the same arrangements in Egypt, and 3) comparative analysis between the two countries. The research uses a library method (research library) with a normative juridical approach and data collection techniques through document study. The research results show that in Indonesia, Islamic family law aims to protect women's rights through iddah, mut'ah and madhiyah livelihoods. However, enforcing these rights often faces challenges. In Egypt, Law no. 100 of 1985 provides similar protection, including the right to divorce and maintenance during the iddah period, although its implementation is hampered by social and cultural factors. A comparison between the two countries reveals similarities and differences in the arrangement of these rights. The husband's obligation to provide maintenance during the iddah period in Indonesia is flexible and determined by the court, whereas in Egypt it is more strict. Mut'ah in Indonesia is considered a respect that is not always required, while in Egypt it is the wife's right. In terms of joint assets, Indonesia considers all assets during a marriage to be jointly owned with division based on agreement, while Egypt considers the contribution of each party. This difference is influenced by economic factors, local culture, as well as regulations on interfaith marriages which are prohibited in Indonesia but exist in Egypt.

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Journal Info

Abbrev

alsyakhshiyyah

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice

Description

Al-Syakhshiyah: Jurnal Hukum Keluarga Islam dan Kemanusiaan, Adalah terbitan ilmiah berkala yang ditujukan untuk akademisi dan praktisi hukum dalam menerbitkan hasil penelitian ilmiah dan/ atau hasil telaah konseptual. Ruang lingkup Jurnal Al-Syakhshiyah meliputi: 1. Hukum Keluarga Islam 2. Hukum ...