Evaluating the Effectiveness of Legal Support for Women's Post-Divorce Rights

Abstrak

The purpose of this study is to analyze and compare the fulfillment of women's post-divorce rights in Indonesia and Malaysia through the lens of maslahah (general welfare). The research specifically examines rights such as nafkah iddah and mut'ah, as well as the challenges associated with their implementation in both countries. A qualitative methodology with an empirical juridical approach was employed, relying on in-depth interviews with judges in Indonesia's religious courts and officials and community leaders in Malaysia, supplemented by observations and document analysis. Data were analyzed using a flow model that included data reduction, data presentation, and conclusion drawing. The results indicate that Malaysia’s legal system, supported by the Family Support Division (BSK), more effectively secures women's post-divorce rights compared to Indonesia, where, despite the protective provisions of SEMA No. 2 of 2019, women continue to face complex legal procedures and high execution costs. The originality of this study lies in its comparative approach and application of maslahah theory to assess women’s welfare within family law in two Muslim-majority countries. The study implies that Indonesia's legal system could benefit from reform by incorporating elements of Malaysia's institutional support structures, enhancing women’s access to their rights post-divorce, and promoting a more equitable system for women’s welfare.