International Journal of Contemporary Islamic Law and Society
Vol 8 No 1 (2026)

Post-divorce Child Care to Ensure the Children welfare : A Perspective of Islamic Family Law

Fatimawali Fatimawali (State Islamic University Datokarama Palu)



Article Info

Publish Date
01 Jul 2026

Abstract

Child care (nafaqah) after divorce often faces implementation challenges despite being a continuous legal and religious obligation. This qualitative study with a normative–empirical approach investigates the essence, implementation, and influencing factors of post-divorce parental responsibility for child maintenance in Palu City. Data were gathered through in-depth interviews with judges, lawyers, religious leaders, and affected families, alongside field observations and documentation. The findings reveal that child maintenance is a divine trust (amanah) linked to lineage (nasab) that persists regardless of marital dissolution. However, its implementation in Palu City remains suboptimal; maintenance is frequently irregular or discontinued due to post-divorce conflict, economic constraints, low legal awareness, and weak court enforcement. Consequently, the financial burden shifts to mothers, causing economic and psychological vulnerability for the children.

Copyrights © 2026






Journal Info

Abbrev

ijcils

Publisher

Subject

Religion Social Sciences

Description

The International Journal of Contemporary Islamic Law and Society provides an academic forum on topics of Islamic law as a social phenomenon in the contemporary era, in Muslim and non-Muslim countries. The International Journal of Contemporary Islamic Law and Society encourages discussion on ...