Protecting women and children during family litigation: A comparative study of temporary alimony in Middle Eastern family laws

Nasrulloh, Muhammad, Suhadak, Faridatus, Faiq, Muhammad and Haris, Abdul ORCID: https://orcid.org/0000-0003-3464-1589 (2026) Protecting women and children during family litigation: A comparative study of temporary alimony in Middle Eastern family laws. Marwah: Jurnal Perempuan, Agama, dan Jender, 25 (1). pp. 77-94. ISSN 2407-1587

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Abstract

Temporary alimony has emerged as an important mechanism for protecting women and children from economic hardship during ongoing family litigation. However, Indonesian family law has yet to establish a clear legal framework governing temporary alimony, creating a gap in legal protection before a final court judgment is rendered. This study addresses the question of how temporary alimony mechanisms in selected Middle Eastern jurisdictions can inform the reform of Indonesian family law. Employing a normative legal method, the research uses statutory, conceptual, and comparative approaches, with legal materials analyzed through a descriptive- comparative framework. The findings show that Egypt, Kuwait, Bahrain, Oman, Libya, Syria, and the United Arab Emirates have developed temporary alimony mechanisms through interlocutory decisions that are immediately enforceable and possess direct executorial force. Two principal typologies are identified: temporary alimony limited to maintenance disputes and temporary alimony applicable to broader family law cases. These regulations reflect a shift in contemporary family law from a formalistic dispute-resolution model toward a preventive legal protection framework that safeguards women and children against economic, social, and psychological vulnerability during litigation. In contrast, Indonesian family law continues to treat maintenance primarily as a consequence of a final judgment, leaving a significant protection gap throughout the judicial process. This study argues that adopting a temporary alimony mechanism is essential for strengthening legal protection for women and children in Indonesia and for advancing a more responsive, gender-just, and maqāṣid al-sharīʿah-oriented family law system.

Item Type:	Journal Article
Keywords:	temporary alimony; family law; women and children protection; middle eastern countries
Subjects:	18 LAW AND LEGAL STUDIES > 1801 Law > 180119 Law and Society 18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law 18 LAW AND LEGAL STUDIES > 1801 Law > 180128 Islamic Family Law > 18012829 Islamic Family Issues & Local Tradition
Divisions:	Faculty of Sharia and Law > Department al-Ahwal al-Syakhshiyyah
Depositing User:	Abdul Haris
Date Deposited:	20 Jul 2026 11:24

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