Hak Finansial Perempuan Pascaperceraian Dalam Hukum Keluarga Islam: Studi Desa Pasir Julu, Padang Lawas

Abstract

Divorce often places women in an economically vulnerable position, especially in rural communities with limited legal knowledge and distant religious courts. This study aims to analyzes how women’s post-divorce financial rights (iddah maintenance, mut’ah, past maintenance or nafkah madhiyah, child maintenance, and joint property) are understood and practiced in Pasir Julu Village, Sosa Julu District, Padang Lawas Regency, and which factors hinder their fulfilment. This qualitative study uses a juridical-sociological approach, with in-depth interviews, observation, and document study, analyzed through the Miles and Huberman interactive model and the maqashid al-shari’ah framework. The results indicate that women’s financial rights are more often settled through informal agreements outside the court than through court decisions. Joint property and past maintenance are the least often fulfilled, whereas child maintenance is fulfilled relatively more often. The main obstacles are low legal literacy, the cost of and distance to the court, social pressure to protect the “family’s honor,” and the absence of enforcement mechanisms. The study contributes by showing that the gap between fiqh norms, regulations, and village practice stems from problems of access and social relations rather than from rejection of the norms themselves. Village-based legal assistance and a stronger role for religious leaders are recommended as protective channels. The figures, tables, charts, and informant quotations in this draft are illustrative and must be replaced with field data before being treated as final research findings.