JOURNAL of LEGAL RESEARCH
Vol. 8 No. 1 (2026)

Sita Harta Suami Sebagai Jaminan Nafkah Anak Pasca Cerai: Perspektif Maqasid al-Syari’ah dan Perlindungan Anak

Ulfa Fauziah Hidayati (UIN Syarif Hidayatullah Jakarta)
Mesraini (UIN Syarif Hidayatullah Jakarta)
Rosdiana (UIN Syarif Hidayatullah Jakarta)



Article Info

Publish Date
30 Jun 2026

Abstract

This study analyzes the mechanism of asset seizure against ex-husbands as a guarantee for child maintenance after divorce under Supreme Court Circular Letter (SEMA) No. 5 of 2021 and examines it from the perspective of Maqasid al-Syari’ah. The research employs a normative-empirical method by analyzing relevant statutory regulations and empirical data obtained through in-depth interviews with judges at Religious Courts in the Special Capital Region of Jakarta. The location was selected due to its high divorce rate and socio-economic complexity, which represent national legal practices. The findings reveal that asset seizure functions as an ultimum remedium when child maintenance obligations are not voluntarily fulfilled after a final court decision. However, its implementation remains limited due to low legal awareness among former wives and technical obstacles in asset identification and execution.

Copyrights © 2026






Journal Info

Abbrev

jlr

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Journal of Legal Research is a peer-reviewed journal on legal research published quarterly (February, May, August, November) since 2019 by Departemen Legal Studies Faculty of Sharia and Law Universitas Islam Negeri Syarif Hidayatullah Jakarta in cooperation with Center for the Study of Constitution ...