Fulfilment of Wife’s Rights in Divorce Cases: A Case Study at Mahkamah Syar’iyah Suka Makmue

The calculation of alimony for the former husband is based on his financial capacity, as stated in Inpres No. 1 of 1991 regarding Islamic Law Compilation, Act No.1 of 1974, and SEMA No. 3 of 2018, by the decision made in the Pleno Religio point 2, which serves as a supplement to SEMA No. 7 of 2012, and Article 149 letter b of KHI. According to Article 8 (3) letter (c) of PERMA No. 3 of 2017, in the event of a divorce, the payment for mut'ah and iddah is made simultaneously with the pronouncement of the divorce by the petitioner. Before essence, the ongoing dispute before the Shariah Court of Suka Makmue mostly focuses on divorce matters. However, in the event of a divorce, the claimant's wife has the right to assert all of her entitlements, including the ability to demand anything she desires from the financial resources of iddah and kiswah. A wife has the legal right to seek custody of her children, assert ownership over joint property, claim entitlement to spousal support, and demand payment of any outstanding marital allowances owed by her husband. These rights can be asserted as long as the wife does not engage in nusyuz. The research method employed in this study is the Yuridis empirical research method. This study aims to elucidate the realization of spousal rights during divorce proceedings in the Court of Syar’iyah Suka Makmue. According to the study, the rights of wives after divorcing are determined by the Decision of the President of the Supreme Court of the Republic of Indonesia Number: KMA/032/SK/IV/2006 letter a. This decision states that the Court of Religion/Shariah Court has the authority to impose financial support on the husband unless the wife is proven to have committed nusyuz (Article 41 letter (c) of the decree of the President of the Supreme Court of the Republic of Indonesia). The husband is required to provide financial support to his wife even after divorce, but this obligation ends if the wife engages in nusyuz.