Article 41(c) stipulates: “the Court makes a particular order that the ex-husband cover their ex-wife’s living expenses”. Likewise, Articles 149(d) and 156(c, d) associated with Compilation of Islamic Law state that the daddy accounts for the well-being and training of kids until they reach the chronilogical age of 21, and therefore the spouse is needed to offer monetary help through the subsistence of wedding, throughout the iddah (waiting period), and to pay mut’ah (consolation gift), and upkeep post-divorce.
But research carried out in Southern Sulawesi and also the western Java district of Cianjur has discovered that numerous judges usually do not add requests for the supply of upkeep in talak divorces ( by the spouse). And lots of ladies “are perhaps perhaps perhaps not happy to place effort that is much claiming son or daughter help and upkeep since they understand too well enforcement mechanisms are tough to access”. This really is a severe impediment in realising women’s liberties post-divorce and challenges Indonesia’s commitment to CEDAW. Women’s activists and reformist Muslim scholars have already been trying to deal with enforcement mechanisms when you look at the bill from the family members court (RUU Peradilan Keluarga), which can be nevertheless being drafted.