Iddah and Mut‘ah Maintenance in Default Wife-Initiated Divorce

A Shāfiʿī Madhhab Analysis of Judgment No. 8/Pdt.G/2024/MS.Skl

Abstract

This study analyzes the provision of iddah and mut‘ah alimony in divorce cases through the Shafi‘i Madhhab perspective, focusing on the Singkil Shari‘ah Court Decision No. 8/Pdt.G/2024/MS.Skl as one of the most recent religious court rulings in Indonesia. This study stems from the normative tension between the classical doctrine of the Shafi‘i Madhhab, which in principle negates post-divorce maintenance in khulu‘, and the development of Indonesian positive law, which increasingly emphasizes the protection of women’s financial rights. Unlike several previous rulings that denied alimony due to nusyuz, procedural aspects, or the judge’s failure to exercise ex officio authority, this ruling granted iddah and mut‘ah alimony in a default judgment case based on the Plaintiff’s petition and the fact that the wife was not proven to be nusyuz. This study employs a normative legal method with legislative, conceptual, and case-based approaches. The results of the study indicate that the Panel of Judges exercised judicial discretion grounded in substantive justice by prioritizing the protection of women’s rights and introducing procedural innovation through the withholding of the divorce certificate until the alimony obligation is fulfilled.