The Protection of Women and Children Post-Divorce in Sharia Courts in Aceh: A Sociological Perspective

Abstract

This study discusses the protection of women and children after divorce at the Syar'iyah Court in Aceh. A legal sociology approach is used to draw the decisions of the Banda Aceh, Aceh Besar, Pidie, Bireuen, and Lhokseumawe Syar'iyyah Courts. The interviews were conducted with judges, community leaders, village heads, heads of the Office of Religious Affairs (KUA), academics, traditional figures, and non-governmental organizations (NGO) activists. This study concludes that the Syar'iyah Court in Aceh, in its decision, has ensured the rights of women and children. The Syar'iyah Court in Aceh determined the provision of 'iddah, muṭ'ah maintenance, joint assets, and childcare rights to women. Children get living expenses, guardianship from the family, and care from the mother. Sociologically, the law has functioned as a means of social control through the Syar'iyah Court and judges as the main part of the legal structure supported by other elements of society so that the protection of women and children can be realized fairly.