Legal Protection of Women's Rights after Divorce

Divorce results in the termination of the marital relationship, and there are several main reasons that lead to divorce, including the death of one spouse, the decision of the husband or wife to end the marriage, or a judge's decision based on issues within the household. This research uses normative research methodology. A statute approach is used to analyze legal issues related to regulations governing the fulfillment of obligations from the ex-husband to the ex-wife after divorce. Law No. 1 of 1974 on Marriage explicitly regulates the obligation to provide maintenance to the ex-wife after divorce. This provision states that in cases of divorce that result in the termination of the marriage, the ex-husband is required to bear the living expenses of the ex-wife and/or make certain decisions that benefit the ex-wife. However, in reality, the low awareness of ex-husbands in fulfilling the ex-wife's rights after a court decision becomes a major concern regarding how legal protection efforts ensure women's rights are upheld. The rights that can be claimed by the ex-wife after divorce include maintenance, muta'ah, mahr, hadhanah costs, and the division of joint property.

Authors

Publication Details

Journal
International Journal of Advanced Multidisciplinary Research and Studies
Published
2024-12-06
DOI
https://doi.org/10.62225/2583049x.2024.4.6.3502
Citations
1
Primary Topic
Marriage and Family Dynamics
Type
article
Field-Weighted Citation Impact
1.13
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article

Legal Protection of Women's Rights after Divorce

Marisa Kurnianingsih, Nova Auliyanti Faiza, Dita Nadya Anastasya, Fanny Shinta Permatahati
1 citations
International Journal of Advanced Multidisciplinary Research and Studies
Marriage and Family Dynamics
1.13
article

Legal Protection of Women's Rights after Divorce

Marisa Kurnianingsih, Nova Auliyanti Faiza, Dita Nadya Anastasya, Fanny Shinta Permatahati
article en
1 citations

Abstract

Divorce results in the termination of the marital relationship, and there are several main reasons that lead to divorce, including the death of one spouse, the decision of the husband or wife to end the marriage, or a judge's decision based on issues within the household. This research uses normative research methodology. A statute approach is used to analyze legal issues related to regulations governing the fulfillment of obligations from the ex-husband to the ex-wife after divorce. Law No. 1 of 1974 on Marriage explicitly regulates the obligation to provide maintenance to the ex-wife after divorce. This provision states that in cases of divorce that result in the termination of the marriage, the ex-husband is required to bear the living expenses of the ex-wife and/or make certain decisions that benefit the ex-wife. However, in reality, the low awareness of ex-husbands in fulfilling the ex-wife's rights after a court decision becomes a major concern regarding how legal protection efforts ensure women's rights are upheld. The rights that can be claimed by the ex-wife after divorce include maintenance, muta'ah, mahr, hadhanah costs, and the division of joint property.

International Journal of Advanced Multidisciplinary Research and StudiesVol. 4(6)
Gender equality
Openalex Percentile: Top 14%
Marriage and Family Dynamics
1.13
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