Violence in Divorce and Judicial Authority: An Indonesia–Malaysia Study

Susantin, Jamiliya, Cholil, Mufidah and Inah, Inah (2025) Violence in Divorce and Judicial Authority: An Indonesia–Malaysia Study. Al-Manhaj: Journal of Indonesian Islamic Family Law, 7 (2). pp. 137-160. ISSN 27150097

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Abstract

This research examines how Indonesia and Malaysia handle economic domestic violence as grounds for divorce. Both countries face fragmented court jurisdictions. In Indonesia, divorce cases are handled by Religious Courts, while District Courts hear criminal domestic violence cases. In Malaysia, Islamic divorces are adjudicated by Syariah Courts, whereas victim protection falls under the jurisdiction of Civil Courts. This fragmentation creates legal uncertainty, lengthy processes, high costs, and barriers to justice for victims, especially economically dependent women. The study recommends an integrated justice system with one-stop services, simplified evidence procedures, fee waivers, a maximum resolution period of three months, and e-Court technology to harmonize legal certainty, justice, and efficiency.

Item Type:	Journal Article
Keywords:	Violence, Judicial Authority, Legal Certainty, Gustav Radbruch, Comparative Study of Indonesia–Malaysia
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180113 Family Law
Divisions:	Faculty of Sharia and Law > Department of Islamic Constitutional Law
Depositing User:	Mufidah Cholil
Date Deposited:	12 Jan 2026 14:50

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