Problematics of the Execution of Religious Court Decisions

This article examines the problem of authority in the execution of Religious Court decisions in Indonesia and its impact on the effectiveness of Islamic law. Although Religious Courts are authorized to adjudicate family and sharia economic cases, enforcement still relies on District Courts, creating dissonance between legal norms and practice. Using a juridical-sociological qualitative approach with literature studies and interviews with two judges, one clerk, and two execution applicants, the study identifies three root problems: the absence of direct execution authority, weak cross-agency coordination, and the lack of standard operational procedures. These weaknesses disproportionately affect women and children, leaving many rulings unenforced. The article recommends regulatory reform and institutional strengthening of Religious Courts, drawing comparative insights from Malaysia and Pakistan, where religious courts have clearer enforcement mechanisms.

Authors

Institutions

Publication Details

Journal
Fiat Justisia Jurnal Ilmu Hukum
Published
2025-10-14
DOI
https://doi.org/10.25041/fiatjustisia.v19no3.4172
Primary Topic
American Constitutional Law and Politics
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Problematics of the Execution of Religious Court Decisions

Najichah Najichah, Abdurrohman Kasdi, Norhasnira Ibrahim, Inna Fauziatal Ngazizah et al.
Fiat Justisia Jurnal Ilmu Hukum
American Constitutional Law and Politics
article

Problematics of the Execution of Religious Court Decisions

Najichah Najichah, Abdurrohman Kasdi, Norhasnira Ibrahim, Inna Fauziatal Ngazizah, Kudrat Abdilah
article en

Abstract

This article examines the problem of authority in the execution of Religious Court decisions in Indonesia and its impact on the effectiveness of Islamic law. Although Religious Courts are authorized to adjudicate family and sharia economic cases, enforcement still relies on District Courts, creating dissonance between legal norms and practice. Using a juridical-sociological qualitative approach with literature studies and interviews with two judges, one clerk, and two execution applicants, the study identifies three root problems: the absence of direct execution authority, weak cross-agency coordination, and the lack of standard operational procedures. These weaknesses disproportionately affect women and children, leaving many rulings unenforced. The article recommends regulatory reform and institutional strengthening of Religious Courts, drawing comparative insights from Malaysia and Pakistan, where religious courts have clearer enforcement mechanisms.

Fiat Justisia Jurnal Ilmu HukumVol. 19(3)
Universiti Sains Islam Malaysia (MY), Universitas Gadjah Mada (ID), Walisongo State Islamic University (ID), Sunan Gunung Djati State Islamic University Bandung (ID), Universitas Islam Negeri Sumatera Utara (ID), Bandung Islamic University (ID), IAIN Kudus (ID)
Openalex Percentile: Top 66%
American Constitutional Law and Politics
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Problematics of the Execution of Religious Court Decisions — Najichah Najichah, Abdurrohman Kasdi, et al. · Fiat Justisia Jurnal Ilmu Hukum (2025) | TGRS Research Map | TGRS