Jurnal Syaikh Mudo Madlawan
Vol. 3 No. 1 (2026): Jurnal Syaikh Mudo Madlawan

PERLINDUNGAN HUKUM BAGI ISTRI DALAM KOMPILASI HUKUM ISLAM DI INDONESIA

Fitrah Erlan Sosadi P. Siregar (Institut Agama Islam Padang Lawas)
Tarmizi Herianto (Institut Agama Islam Padang Lawas)
Doni Syaputra Nasution (Institut Agama Islam Padang Lawas)
Samsul Hidayat Daulay (Institut Agama Islam Padang Lawas)
Ahmad Aspar Siregar (Institut Agama Islam Padang Lawas)
Muhammad Fazri (Institut Agama Islam Padang Lawas)
Amru Hasibuan (Institut Agama Islam Padang Lawas)



Article Info

Publish Date
30 Mar 2026

Abstract

This study aims to analyze the implementation of legal protection for wives under the Compilation of Islamic Law (KHI) in Indonesia, highlighting the gap between normative legal texts and judicial reality. The core problem of this research lies in the persistently low level of fulfillment of wives' economic rights post-divorce, such as iddah maintenance and mut'ah, which are often neglected due to weak execution mechanisms, constraints of verstek judgments, and patriarchal cultural dominance. The research method employed is normative juridical with a statutory approach and a conceptual approach. Data were collected through a literature study of primary, secondary, and tertiary legal materials, then analyzed descriptively-qualitatively using content analysis. The findings reveal that although KHI normatively guarantees fundamental rights for wives, its practical implementation remains weak, with judicial data indicating that only approximately 2.73% to 3% of divorce decisions effectively include the fulfillment of these economic rights. However, positive developments have emerged through the Supreme Court's progressive judicial ijtihad, such as PERMA No. 3 of 2017 and SEMA No. 3 of 2018, which address legal voids in the KHI by mandating alimony payment prior to the pronouncement of the divorce pledge. The conclusion of this study emphasizes that the success of legal protection for wives in Indonesia depends heavily on the synchronization between gender-responsive regulations and the reinforcement of a more effective and compelling enforcement oversight system.

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Journal Info

Abbrev

jsmm

Publisher

Subject

Religion Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Jurnal Syaikh Mudo Madlawan is a peer-reviewed journal published twice a year (March and September). Jurnal Keislaman aims to facilitate and disseminate innovative and creative ideas of researchers, academicians, and practitioners who concentrate on interdisciplinary Islamic issues ranging from ...