Behind The Talaq Pledge:

The Husband’s Non-Compliance with Paying Iddah and Mut’ah Alimony in Talaq Divorce Cases at Religious Court in Indonesia

Nurbaya

Zainuddin

Ma’ruf Hafidz

Ilham Abbas

 

Abstract: The former husband’s non-compliance in fulfilling the obligations of iddah (waiting period) and mut’ah (consolatory gift) alimony after divorce is a serious issue that reflects the gap between formal justice and substantive justice in the religious court system in Indonesia. This condition not only harms individuals but also has the potential to weaken public trust in religious court institutions and reinforce gender inequality in the realm of family law. This research aims to identify the factors causing such non-compliance, analyse its implications for legal certainty and substantive justice, and formulate comprehensive reform recommendations. The research was conducted using a juridical-normative approach with an analysis of the applicable regulations, religious court decisions, and a review of Islamic law and civil procedural law literature. The research results show that non-compliance is caused by four main factors: the husband’s economic limitations, the wife’s ignorance of her rights, the weak execution mechanism of the court’s decision, and the minimal use of ex officio rights by judges. The combination of these factors renders court decisions merely formal documents without adequate enforcement power, while also contradicting the values of Islamic law that mandate the actual fulfilment of rights (ta’diyah al-haqq). This research recommends an integrated reform that includes strengthening the decision-enforcing system through strict sanction mechanisms. This would improve the accessibility of former wives to the enforcement mechanism through simplified procedures, cost subsidies, and legal education, as well as optimising the active role of judges through the consistent use of ex officio rights to achieve substantive justice in line with Islamic legal principles.