eprintid: 27487
rev_number: 8
eprint_status: archive
userid: 6
dir: disk0/00/02/74/87
datestamp: 2017-10-10 02:40:17
lastmod: 2017-10-10 02:40:17
status_changed: 2017-10-10 02:40:17
type: book_section
metadata_visibility: show
creators_name: Nurlaelawati, Euis
title: The Legal Fate of Indonesian
Muslim Women in Court
Divorce and Child Custody
ispublished: pub
subjects: wan_islam
divisions: a-buku
full_text_status: restricted
keywords: The Legal Fate of Indonesian
Muslim Women in Court
abstract: 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.
date: 2016-02-01
date_type: published
series: Bunga Rampai
volume: Vol. 1
number: No. 1
publisher: Routledge
place_of_pub: London
pagerange: 353-368
pages: 387
refereed: TRUE
isbn: 9781138100879
book_title: Religion, Law and Intolerance in Indonesia
citation:   Nurlaelawati, Euis  (2016) The Legal Fate of Indonesian Muslim Women in Court Divorce and Child Custody.   In:  Religion, Law and Intolerance in Indonesia.   Bunga Rampai, Vol. 1  (No. 1).  Routledge, London, pp. 353-368.  ISBN 9781138100879     
document_url: https://digilib.uin-suka.ac.id/id/eprint/27487/1/Euis%20-%20The%20Legal%20Fate%20of%20Indonesian%20Muslim%20Women_Law%2C%20Religion%2C%20and%20Intolerance_Routledge.pdf