A Husband’s Obligations Following a Divorce Outside the Religious Court in Society: A Perspective from Islamic Family Law

Abstract

children’s rights following divorce outside the Religious Court, the response of traditional leaders to the fulfillment of children’s rights following divorce outside the court, and who is responsible for child support following divorce outside the Religious Court in the traditional community of Nagari Tanjuang Bonai. The objectives of this study are to determine how the fulfillment of children’s rights following divorce outside the Religious Court is practiced, to understand the response of traditional leaders to the fulfillment of children’s rights following divorce outside the Religious Court, and to identify who is responsible for child support following divorce outside the Religious Court within the traditional community of Nagari Tanjuang Bonai. This study is a field research project employing a qualitative approach. Primary data was collected through interviews with niniak mamak and community leaders. Data collection techniques included interviews and documentation. Data analysis was conducted inductively to draw conclusions. The results of the study indicate that in the practice of fulfilling children’s rights following divorce within the Minangkabau community in Nagari Tanjung Bonai, instances of fathers failing to fulfill their obligations still occur. Of the 16 divorced couples, only 3 fathers adequately fulfilled their child support obligations, while the majority of the others failed to provide child support. Traditional leaders emphasized that divorce should be conducted through religious courts to ensure clear legal validity and avoid various adverse consequences. Nevertheless, they stressed that a father’s obligation to provide child support does not cease even if the divorce is conducted outside formal legal channels, as it is a religious obligation. In some cases, community elders play a role by facilitating agreements to ensure the father continues to fulfill his responsibilities. However, out of 13 respondents, only 3 consistently provide child support, while the other 10 do not, resulting in the mother bearing the greater burden of meeting the children’s needs.