Reformulation of a Fair Iddah Alimony Maintenance Arrangements in Indonesia’s Muslim Family Law

Abstract

The obligation of husband to pay Iddah alimony in the matter of divorce (divorce filed by the husband) is normally regulated in the sources of Islamic law, Al-quran and Al-hadith. In Indonesia’s family law, the husband's obligation to provide for post-divorce alimony is regulated in Article 41 letter (c) of the Marriage Law. However, the word "can" in the article contains legal ambiguity that results in not being able to provide legal certainty for the ex-wife. It provides a loophole for the ex-husband who refuses to pay iddah alimony to the ex-wife. If the husband does not pay the alimony of iddah, the ex-wife must apply for an execution which sometimes costs much more than the nominal alimony of iddah to be received. In addition, the arrangement of alimony of iddah contains legal inconsistencies, namely there is no rule when alimony of iddah is paid after the matter is decided, immediately before the trial of the pledge of divorce, or shortly after the pledge of divorce, then many husbands avoid this obligation. In the end, the judge's decision only gives justice on paper. Reformulation of fair iddah alimony maintenance arrangements in Muslim families in Indonesia is a necessity.

Keywords: payment time, alimony of iddah, fair, Muslim family law in Indonesia

DOI: 10.7176/JLPG/104-11

Publication date: December 31^st 2020