TY  - CHAP
CY  - London
ID  - digilib27487
UR  - https://digilib.uin-suka.ac.id/id/eprint/27487/
A1  - Nurlaelawati, Euis
N2  - This chapter discusses the experiences of Muslim women in Indonesia's Religious
Courts (Pengadilan Agama) and how they are treated in divorce and post-divorce
cases, in particular those involving custody of children. It investigates why women
in these courts now have better access to justice in divorce cases but less success
in asserting their post-divorce rights. It maintains that although judges see women
as having equal rights to men in deciding the fate of their marriage, they continue
to issue decisions that disadvantage women where custody of children is concerned.
While judges' decisions on the issue of custody are usually expressed as being
based on the notion of the 'best interests of the child', this chapter argues that
notion is an abstract one and is too often interpreted according to the subjective
views of the judges involved. It also maintains that although the law relating to
custody has been modified, it has not benefitted women in practice, as many judges
continue to refer to classical Islamic legal doctrines that give preference to men.
M1  - Vol. 1
TI  - The Legal Fate of Indonesian
Muslim Women in Court
Divorce and Child Custody
AV  - restricted
EP  - 368
Y1  - 2016/02/01/
PB  - Routledge
KW  - The Legal Fate of Indonesian
Muslim Women in Court
T3  - Bunga Rampai
SN  - 9781138100879
SP  - 353
T2  - Religion, Law and Intolerance in Indonesia
ER  -