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Falakhuddin, Mochammad An’im, Adityo, Dwi Adityo 
ORCID: https://orcid.org/0009-0005-9806-6159 and Indrawan, Indrawan
(2026)
Non-determination of one-third of civil servant ex-husband’s salary for ex-wife with disabled child: Study of the decision Religious Court of Kediri Regency No: 154/Pdt.G/2025.
Maslahah : Jurnal Hukum Islam dan Perbankan Syariah, 17 (1).
pp. 76-92.
ISSN 2807-8403
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Abstract
This research is based on the law issue of religious court decree about the obligation to allocate 1/3 of the salary to a former wife who has a disabled child by the bench of judges in a divorce case of a civil servant husband as regulated under Article 8 of Government Regulation Number 10 Year 1983 and analyzed using John Rawls' perspective of justice and Maqashid Sharia in the aspects of hifz al-nasl and hifz al-mal. The type of research is normative juridical with a case study approach using a prescriptive analysis model. The results show that not allocating 1/3 of the salary to the former wife who cares for a disabled child does not align with the prevailing legal norms. Furthermore, from the perspective of maqashid sharia, the decision does not fulling the principles hifz al-nasl and hifz al-mal, including in the analysis of John Rawls' theory of justice, the decision has not yet shown the principle of justice as fairness, that the importance of law enforcement is oriented towards social welfare and favors vulnerable groups.
| Item Type: | Journal Article |
|---|---|
| Keywords: | civil servant; divorce; disabled; salary. |
| Subjects: | 18 LAW AND LEGAL STUDIES > 1801 Law > 180113 Family Law |
| Divisions: | Faculty of Sharia and Law > Department al-Ahwal al-Syakhshiyyah |
| Depositing User: | Rayno Dwi Adityo |
| Date Deposited: | 08 Jun 2026 11:52 |
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