Jurnal El-Thawalib
Vol 7, No 5 (2026)

Reconstructing Post-Divorce Maintenance Enforcement in Indonesia: A Maslahah Mursalah-Based Comparative Study with Malaysia

Fatimah Fatimah (Universitas Islam Negeri Sultan Syarif Kasim Riau)
Fetri Fatorina (Universitas Nahdlatul Ulama Purwokerto)
Ahmad Andri (Universitas Islam Negeri Sultan Syarif Kasim Riau)
Nurul Norzeetty (Universitas Teknologi MARA Shah Alam)
Abdul Alim (Universitas Islam Negeri Imam Bonjol Padang)



Article Info

Publish Date
27 Oct 2026

Abstract

This study examines the gap between court-awarded post-divorce maintenance, comprising iddah maintenance, mut’ah, and madhiyah maintenance for the ex-wife and child support, and its actual fulfillment after the judgment becomes final. Using normative legal research with statutory, comparative, and conceptual approaches, it analyzes Indonesian and Malaysian legislation and judicial regulations as primary legal materials, and books, journal articles, and institutional publications as secondary materials, collected through library research and evaluated qualitatively against maslahah indicators. The findings show that Indonesia has execution, seizure, and limited income-deduction mechanisms, but these remain reactive, depend on the entitled party’s initiative, and are poorly suited to periodic child support. Malaysia provides institutional support through the Family Support Division (BSK), earnings withholding orders, judgment debtor summonses, and advance maintenance, although their effectiveness depends on court processes and employer cooperation. Evaluated through rights protection, effectiveness, accessibility, proportionality, harm prevention, and conformity with sharia and national law, together with ḥifẓ al-māl, ḥifẓ al-nasl, and ḥifẓ al-nafs, the study proposes a staged model comprising post-judgment institutional support, income-based payment, compliance monitoring, a tiered response distinguishing inability to pay from willful evasion, and conditional interim assistance. It thereby shifts post-divorce maintenance from a right merely established by judicial decree to an obligation whose fulfillment is actively secured.

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