Fulfillment of The Rights of a Wife Who is Not Nusyuz Post-Divorce in the Batusangkar Religious Court Class 1 B

Abstract

Supreme Court Circular No. 3 of 2018 explains that cases of contested divorces that do not provide guarantees for the wife's rights after divorce are systematically Supreme Court Circular No. 3 of 2018 explains that cases of contested divorces that do not provide guarantees for the wife's rights after divorce are systematically confirmed by SEMA No. 2 of 2019, which explains the timing of alimony payments. In the Batusangkar Religious Court in 2022, there were five decisions on divorce cases challenging non-Nusyuz wives, but two decisions granted maintenance while three decisions did not grant them. Therefore, it is important to examine the legal considerations of judges when deciding divorce cases against non-Nusyuz wives and the considerations of judges when protecting the maintenance rights of non-Nusyuz wives at the Batusangkar Religious Court. The type of research is empirical legal research with a qualitative-descriptive approach. The judge's legal considerations in deciding contested divorce cases were that the fulfillment of the wife's post-divorce rights in the five contested divorce cases satisfied the formal and substantive legal aspects, although there were divergent opinions in the application of substantive law. The judge's consideration can be seen from the penalty paid before the defendant issued the divorce certificate and the defendant's financial ability, as well as the existence of a peace agreement between the plaintiff and the defendant. In cases where the payer of alimony is not determined for a wife who is not nusyuz after the divorce, the judge, on the other hand, takes into account that the defendant is financially unable, while in all cases the wording "can" is considered optional and is not interpreted as an optional imperative.