al-Afkar, Journal For Islamic Studies
Vol. 9 No. 3 (2026)

A Thematic-Holistic Analysis of Post-Divorce Maintenance Obligations and Their Relation to the Supreme Court's SEMA Provisions

Aresanti Kusnia (Universitas Islam Negeri Sunan Kalijaga Yogyakarta, Indonesia)
Izzul Mutho` (Universitas Islam Negeri Sunan Kalijaga Yogyakarta, Indonesia)



Article Info

Publish Date
06 Jul 2026

Abstract

Alimony as a crucial obligation of husbands in Islamic family law, reflecting justice, compassion, and responsibility toward wives and children, amid challenges of regulatory ambiguity post-divorce that threaten women's and children's rights due to tensions between Islamic sharia and positive Indonesian law. The primary objective is to analyze the foundations of nafkah in Islamic law, its implementation in national legislation, and mechanisms for protecting rights post-divorce to produce fair and applicable policy recommendations. The methodology adopts a qualitative descriptive approach with a thematic-holistic method, integrating thematic and holistic analysis of Quranic verses and hadiths, synchronized with views from fuqaha of the four madhhabs, the Compilation of Islamic Law (KHI), the Marriage Law, and Supreme Court Circulars (SEMA). The results indicate that the fiqh schools (Maliki, Hanafi, Shafi'i, Hanbali) affirm nafkah encompasses clothing, food, shelter, and other needs for wives, children, and dependents; post-divorce, it focuses on iddah maintenance, mut'ah, and child custody, while Indonesian regulations such as KHI Articles 80 and 149, along with SEMA 2015-2021, strengthen enforcement through annual child maintenance increases of 10-20%, sanctions, and asset seizure guarantees. The thematic-holistic analysis reveals universal values such as shared responsibility and role equality, adaptable to modern contexts. In conclusion, nafkah represents a social responsibility based on maqasid shariah that requires harmonization of sharia, national law, and judicial policy to ensure sustainable fulfillment of post-divorce rights.

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Journal Info

Abbrev

Afkar_Journal

Publisher

Subject

Social Sciences

Description

al-Afkar, Journal for Islamic Studies is published by Association of Secondment Lecturers (Asosiasi Dosen DPK) UIN Sunan Gunung Djati Bandung Indonesia. Focus of al-Afkar, Journal for Islamic Studies is on publishing original empirical research articles and theoretical reviews of Islamic Studies, ...