IMPLEMENTASI PERLINDUNGAN HAK NAFKAH ANAK PASCA PERCERAIAN PERSPEKTIF HUKUM ISLAM (Studi Putusan Nomor 460/Pdt.G/2024/PA.Kdr)

Abstract

This study examines the implementation of child support protection after divorce from the perspective of Islamic law, using Case Number 460/Pdt.G/2024/PA.Kdr. as the primary reference. The research employs a normative juridical approach combined with empirical data obtained through in-depth interviews with the presiding judge. Findings reveal that the obligation to provide child support remains binding on the father even after divorce, in accordance with both Islamic law and Indonesian positive law. The court’s decision integrates Qur’anic principles, statutory provisions, and the objectives of maqashid sharia—particularly hifz al-nasl (protection of lineage) and hifz al-nafs (protection of life)—to establish a fair and proportional support amount that aligns with the child’s real needs and the father’s financial capacity. While the decision offers legal certainty and aligns with the principles of justice and welfare, its implementation still faces challenges, particularly in monitoring payment compliance and adjusting the support amount in response to economic changes. This research contributes to the development of Islamic family law by bridging the gap between normative provisions and judicial practice, offering theoretical insights and practical recommendations for judges, legal practitioners, and policymakers to strengthen child rights protection in post-divorce contexts.

Keywords: child support, Islamic law, post-divorce, maqashid sharia, judicial decision