This study aims to analyze legal protection for ex-wives due to default on post-divorce maintenance in Solok City using a local wisdom approach. The main issue raised is the weak execution of court decisions regarding iddah, mut’ah, and madliyah maintenance, and how Minangkabau customary mechanisms can address this gap. The research method used was qualitative field research. Data were collected through observation, review of decision documents, and in-depth interviews with ex-wives, Religious Court judges, and traditional leaders such as Ninik Mamak and Bundo Kanduang. The results indicate that the implementation of post-divorce maintenance in Solok City is not optimal. Many ex-wives do not file maintenance claims in order to expedite the divorce process, while existing decisions are often not executed by ex-husbands. Formal legal protection is available through instruments such as withholding of divorce certificates, but local wisdom-based protection through mediation by Ninik Mamak and the role of Bundo Kanduang has not been fully utilized. Key inhibiting factors include the ex-husband’s low economic status, lack of legal awareness, and limited asset evidence during court proceedings. Conversely, the strength of formal legal structures and the customary values of “Adat Basandi Syarak, Syarak Basandi Kitabullah” are key supporting factors in strengthening women’s rights after divorce in Solok City.
Tag: Minangkabau
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Administration and Religious Dilemma: Implementation of SPTJM in the Heart of Minangkabau (Case Study of Harau District)
Unregistered marriages (nikah siri) remain a significant social phenomenon in the Minangkabau community, particularly in Harau District, Lima Puluh Kota Regency, West Sumatra. To address administrative barriers for children from these marriages, the government implemented the Absolute Statement of Responsibility (SPTJM) policy based on Minister of Home Affairs Regulation Numbers 108 and 109 of 2019, which allows for the inclusion of “Unregistered Marriage” status on Family Cards (Kartu Keluarga) and the issuance of complete birth certificates. This study analyzes the effectiveness of SPTJM implementation in Harau District and the dilemmas it raises from a maqasid sharia perspective, focusing on hifz al-nasl (protection of offspring) and hifz al-mal (protection of property). Using a qualitative juridical-empirical approach, data were collected through semi-structured interviews with couples using SPTJMs, those involved in unregistered marriages, employees of the Civil Registration Office (Disdukcapil), the Office of Religious Affairs (KUA), the Religious Court, and religious leaders, complemented by source and method triangulation. The research results show that the SPTJM effectively provides beneficial benefits in the form of quick and affordable access to children’s administrative rights (identity, education, health, and social assistance), thus partially supporting hifz al-nasl. However, this policy creates more dominant long-term benefits, such as substantive legal uncertainty (difficulties in claiming inheritance and joint property), socio-customary conflicts (stigma and disputes over high inheritance rights in the Minangkabau matrilineal system), and a decline in interest in marriage confirmations, which weaken the obligation for official registration (Article 7 of the Compilation of Islamic Law). This article concludes that there is a dilemma between temporary administrative benefits and long-term damage to Islamic family law. The proposed recommendation is synergy between institutions (Disdukcapil, KUA, Religious Courts, and traditional leaders) through an affordable mass marriage confirmation program and outreach based on the maqasid sharia (Islamic principles) to maximize the necessities of life and minimize the mafsadah within the Minangkabau indigenous community.