Vol. 1 No. 1 Juni (2025)
Women and children in Indonesia’s Religious Courts face complex challenges rooted in normative, cultural, and structural factors. While the Compilation of Islamic Law (KHI) includes provisions for gender justice and child protection, such as child custody (hadhanah) and spousal support, these safeguards are often undermined by gender-biased interpretations and inadequate attention to children’s best interests. Patriarchal norms deeply influence societal attitudes and judicial decisions, disadvantaging women, especially in marital disputes and inheritance cases. Structural obstacles, including limited legal aid, insufficient gender sensitivity among judges, and courts ill-equipped to address gender-based violence, further exacerbate these issues. Addressing these challenges requires comprehensive reforms, including gender-sensitivity training for judges, progressive KHI revisions, and stronger legal aid institutions to ensure the Religious Courts can provide fair and effective justice for women and children.
Published:
2025-05-29
